Agenda — Hillsborough City Council, July 11, 2022

TOWN OF HILLSBOROUGH
San Mateo County
Alvin L. Royse, Mayor 1600 Floribunda Avenue
Christine Krolik, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Sophie Cole, Councilmember Phone 650-375-7400
Laurence M. May, Councilmember

A G E N D A
MONDAY, JULY 11, 2022
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting virtually via Zoom Video Conference or in person at Town Hall.

Members of the public may provide public comments on a consent calendar item, any other agenda item, or on nonagenda items during the general public comment portions of the meeting. All members of the public will be limited to one comment per item or non-agenda item.

To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010
To provide Public Comment in person:

Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk.

To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/87360628167?pwd=NDk4Q2ZSQStxMkJCRlpEWFp5TkNlUT09 • Dial-in via phone:
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Meeting ID: 873 6062 8167
Passcode: 384813
To provide Public Comment via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
Agenda – Hillsborough City Council
Monday, July 11, 2022

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IV. MINUTES: June 13, 2022
V. PRESENTATION
• PRESENTATION BY BILL CHIANG, LOCAL GOVERNMENT AFFAIRS, PG&E VI. PUBLIC COMMENT I
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public participating via the Zoom platform may use the “raise hand” feature or, if calling in by phone, press *9 on the telephone keypad. In response, the Town will call the speaker to the podium or unmute the speaker and allow them to speak on any topic for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced to no less than 2 minutes, at the discretion of the Mayor. Members of the public are limited to one comment at this time. State law prohibits the Council from discussing or acting on non-agenda items, and generally limits the ability of the Council to respond to any public comments made regarding non-agenda items.

VII. ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to any item on the agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.

VIII. CONSENT CALENDAR
The Consent Calendar includes routine items, which do not require discussion. A Councilmember may remove an item for discussion, and any member of the audience may request a Councilmember to remove an item for discussion. The items are approved in one motion.

1. MONTHLY CLAIMS: JUNE 1 THROUGH JUNE 30, 2022

2. QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT

3. QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING JUNE 30, 2022

4. RESOLUTION APPROVING THE CLASSIFICATION SPECIFICATION OF PROPERTY

OFFICER

5. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361

6. MOTION TO OPT-OUT AND AUTHORIZE THE CITY MANAGER, OR HER DESIGNEE,

TO EXECUTE AN OPT-OUT LETTER IN THE PENDING CLASS ACTION CASE OF CITY OF LONG BEACH, ET AL. V. MONSANTO COMPANY, ET AL., UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO.: 2:16-CV03493-FMO-AS

7. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A COST SHARING AGREEMENT WITH THE CITY OF BURLINGAME FOR THE PAVING OF SUMMIT DRIVE IN CONJUNCTION WITH THE BURLINGAME 2022

STREET RESURFACING PROJECT
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Monday, July 11, 2022

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8. RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EPS INC. DBA EXPRESS PLUMBING FOR THE 2022 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT - PHASE 1C IN THE AMOUNT OF $2,832,750.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $283,275.00, FOR A TOTAL PROJECT BUDGET OF $3,116,025.00

9. RESOLUTION AWARDING TO AND APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH R & A JANITORIAL SERVICE, LLC TO

PROVIDE JANITORIAL SERVICES FOR THE TOWN OF HILLSBOROUGH IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $82,983.76 PER YEAR FOR TWO YEARS

10. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

A SECOND AMENDMENT TO THE EXISTING CONTRACT WITH WRA

ENVIRONMENTAL CONSULTANTS FOR ADDITIONAL REGULATORY PERMITTING

COMPLIANCE AND CONSTRUCTION SUPPORT SERVICES FOR THE SANDRA HAYNE STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $169,500.00, FOR A TOTAL CONTRACT AMOUNT OF $270,550.00

11. RESOLUTION AUTHORIZING THE FILED APPLICATION FOR FUNDING ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION ONE BAY AREA GRANT 3

AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCE TO COMPLETE THE PROJECT
IX. PUBLIC HEARING

12. CONCEPTUAL REVIEW OF THE SUBDIVISION OF 85 FAGAN DRIVE AND ADJACENT VACANT LOT (APN 027-330-630) INTO THREE PARCELS AND

DEDICATION OF PUBLIC RIGHT-OF-WAY

13. RESOLUTION AUTHORIZING PLACEMENT OF SEWER SERVICE AND STORM

DRAINAGE CHARGES, SPECIAL TAX FOR POLICE PROTECTION AND FIRE

PROTECTION AND PREVENTION, AND THE FLAT CHARGE COMPONENT OF THE GARBAGE COLLECTION FEE ON THE FISCAL YEAR 2022-23 COUNTY TAX ROLL

AND AUTHORIZING THE COUNTY TAX COLLECTOR TO COLLECT SUCH

CHARGES
X. NEW BUSINESS

14. RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN OF

HILLSBOROUGH
XI. INFORMATIONAL

15. INFORMATIONAL UPDATE ON THE TOWN’S COMMUNICATIONS WORK PLAN

RELATED TO THE HOUSING ELEMENT

16. COMMUNICATIONS UPDATE
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Monday, July 11, 2022

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XII. PUBLIC COMMENT II
This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda.

XIII. CITY COUNCIL ITEMS
This section of the agenda provides the City Council an opportunity to ask questions on any project of interest. No action can be taken on any item not on the agenda.

XIV. MAYOR'S APPLAUSE
This portion of the meeting is for the Mayor to provide brief highlights of current items of interest in the Town.

XV. ADJOURNMENT
SPECIAL ACCOMMODATIONS:

If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 375-7412 at least 24 hours before the scheduled City Council meeting.

ADDRESSING THE CITY COUNCIL:

Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours.

AUDIO / VISUAL ADVISORY:

Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].

AUDIO OR VIDEO RECORDINGS:

Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.

UNAPPROVED MINUTES
MONDAY, JUNE 13, 2022
5:00 PM CLOSED SESSION
6:00 PM CITY COUNCIL MEETING
Hillsborough Town Hall and Zoom Video Conference
This City Council meeting was conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public participated in the meeting virtually via Zoom Video Conference or in person at Town Hall.

CLOSED SESSION

CALL TO ORDER
Mayor Royse called the meeting to order in Council Chambers at 5:02 p.m.

ROLL CALL

Present: Chuang, Cole, May, Krolik, Royse

PUBLIC COMMENT
There were no public comments.

ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.

PUBLIC ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Royse announced the items for Closed Session:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case (see claim document in agenda packet)
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff: One Potential Case
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Crown Castle NG West LLC v. Town of Hillsborough, et al.

San Mateo County Superior Court Case No. 18CIV05650
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 20CIV04592
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Hillsborough Citizens Alliance v. Town of Hillsborough
San Mateo Superior Court Case No. 21CIV04709

ADJOURN CLOSED SESSION
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The Closed Session adjourned at 5:58 p.m.

REGULAR CITY COUNCIL MEETING
I. CALL TO ORDER
Mayor Royse called the meeting to order at 6:02 p.m.

II. ROLL CALL

Present: Chuang, Cole, May, Krolik, Royse
III. PLEDGE OF ALLEGIANCE
Mayor Royse led the Pledge of Allegiance.

IV. REPORT FROM CLOSED SESSION
Mayor Royse stated that there was no Closed Session report.

V. MINUTES: May 9, 2022
Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.

On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous roll call vote, the minutes of the May 9, 2022 City Council meeting were approved.

VI. PROCLAMATION:
• PRIDE MONTH – JUNE 2022
Vice Mayor Krolik presented a proclamation in recognition of June 2022 as Pride Month to Dana Johnson, County of San Mateo LGBTQ+ Commissioner, Pride Initiative CoChair and LGBTQI+ activist, and Raayan Mohtashemi, Housing Element Advisory Committee member. Dana Johnson and Raayan Mohtashemi provided comments. • NATIONAL MOSQUITO CONTROL AWARENESS WEEK – JUNE 19-25, 2022 Councilmember Cole presented a proclamation in recognition of National Mosquito Control Awareness Week to Mosquito and Vector Control District Board Member Dr. D.

Scott Smith and District Manager Brian Weber. Dr. Smith provided a presentation and District Manager Weber provided comments.
• JUNETEENTH – June 19, 2022
Councilmember Cole read a proclamation in recognition of June 19, 2022 as Juneteenth.

VII. PRESENTATIONS
• HILLSBOROUGH BEAUTIFICATION FOUNDATION
Hillsborough Beautification Foundation outgoing President Amy Bick provided a presentation regarding the Foundation.

VIII. PUBLIC COMMENT I
Lindsay Raike, President and CEO, Warm Water Wellness, spoke regarding the closure of Mickelson Pool and reiterated their request for an upcoming City Council meeting agenda item for a resolution encouraging Sutter Health to reopen the pool. Raike stated the County of San Mateo, City of San Mateo, City of Millbrae, Sequoia Health Care District and City of Burlingame have adopted resolutions supporting the cause. -2-
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IX. ANNOUNCEMENT OF CONFLICT OF INTEREST
There were no announcements of conflict of interest.

X. CONSENT CALENDAR
Mayor Royse read the titles of the Consent Calendar items.

Vice Mayor Krolik requested to remove Items 7 and 8 from the Consent Calendar.

Councilmember May requested to remove Item 8 from the Consent Calendar.

There were no requests from the public to remove an item from the Consent Calendar.

On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, Consent Calendar items 1, 2, 3, 4, 5, 6, 9, 10, 11 and 12 were approved.

1. MONTHLY CLAIMS: MAY 1 THROUGH MAY 31, 2022
The monthly claims for the month of May 2022 in the amount of $6,697,581.39 were approved as submitted.

2. RESOLUTION ESTABLISHING THE TOWN OF HILLSBOROUGH'S APPROPRIATIONS LIMIT FOR FY 2022-23
The resolution establishing the appropriations limit for FY 2022-23 was adopted.

3. RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF HILLSBOROUGH ON TUESDAY, NOVEMBER 8, 2022 FOR THE

ELECTION OF TWO MEMBERS OF THE CITY COUNCIL
The resolution calling a General Municipal Election to be held in the Town of Hillsborough on Tuesday, November 8, 2022 for the election of two members of the City Council was adopted.

4. RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

SAN MATEO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF HILLSBOROUGH ON TUESDAY, NOVEMBER 8, 2022 WITH THE

STATEWIDE GENERAL ELECTION AND PROVIDE ELECTION SERVICES The resolution requesting the Board of Supervisors of the County of San Mateo to consolidate a General Municipal Election to be held in the Town of Hillsborough on Tuesday, November 8, 2022 with the Statewide General Election and provide election services was adopted.

5. RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS

AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
The resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022 was adopted.

6. BIENNIAL REVIEW OF THE TOWN’S CONFLICT OF INTEREST CODE The City Council directed review of the Town’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review as required by the Political Reform Act.

7. FUNDRAISING EVENT PERMIT APPLICATION 22-05 FOR CASA OF SAN MATEO

COUNTY AUXILIARY'S ANNUAL GARDEN PARTY
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Mary Lee Delahanty, Auxiliary President, CASA of San Mateo County, provided comments regarding CASA of San Mateo County and the upcoming fundraiser event.

On motion by Vice Mayor Krolik, seconded by Councilmember Chuang and unanimous on roll call vote, the Fundraising Event Permit Application 22-05 for CASA of San Mateo County Auxiliary’s Annual Garden Party on Sunday, August 28, 2022 was approved subject to the conditions recommended by staff.

8. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH WRNS STUDIO FOR THE TOWN HALL MASTER PLAN
Vice Mayor Krolik provided comments.

Councilmember May provided comments.

City Manager Ann Ritzma provided comments.

On motion by Councilmember May, seconded by Vice Mayor Krolik and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute an agreement with WRNS Studio for the Town Hall Master Plan was adopted.

9. RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
A motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361 was approved.

10. RESOLUTION ADOPTING A LIST OF PROJECTS FOR FY 2022-23 FUNDED BY SB 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, AND AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR SB 1 TRANSPORTATION FUNDING The resolution adopting the list of projects for FY 2022-23 funded by SB 1 and authorizing the submittal of applications for SB 1 transportation funding was adopted.

11. RESOLUTION RESCINDING RESOLUTION NO. 22-28 AND APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND RESERVATION

AGREEMENT WITH PENINSULA CLEAN ENERGY AUTHORITY IN THE AMOUNT OF $55,000 AND AWARDING AN ELECTRIC VEHICLE CHARGING PROJECT TO A.S.F.

ELECTRIC, INC. IN THE AMOUNT OF $154,950
The resolution rescinding Resolution No. 22-28 and approving and authorizing the City Manager to execute a fund reservation agreement with Peninsula Clean Authority in the amount of $55,000 and awarding an electric vehicle charging project to A.S.F. Electric, Inc. for $154,950, and approving a 20% contingency for a total allocation of $185,940 was adopted.

12. RESOLUTION SUPPORTING THE EUCALYPTUS PEDESTRIAN PATHWAY

PROJECT AND THE SUBMITTED APPLICATION TO THE SAN MATEO COUNTY

TRANSPORTATION AUTHORITY FOR MEASURE A ALTERNATIVE CONGESTION

RELIEF AND MEASURE W TRANSPORTATION DEMAND MANAGEMENT PROGRAM

FUNDING
The resolution supporting the application submitted by staff for TA ACR/TDM Program funds for $200,000 for the Eucalyptus Pedestrian Pathway Project; authorizing the City Manager, or her designee, to execute a funding agreement with the TA to encumber any ACR/TDM Program funds awarded; committing to the completion of the Project, including the commitment of $175,000 of matching funds needed for implementation, if awarded the requested TA funds; certifying that any funds awarded by the TA will be used to supplement existing funds for the Project, and will not replace existing funds or resources; committing to commencing work on the Project, if awarded, within one year of the TA Board of Directors allocating the 2022 ACR/TDM Program funds; and authorizing -4-
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the City Manager to take any other actions necessary to give effect to the resolution, was adopted.

XI. PUBLIC HEARING

13. RESOLUTION ADOPTING THE FY 2022-23 THE TOWN OF HILLSBOROUGH

OPERATING AND CAPITAL BUDGET
Finance Director Jan Cooke provided the staff report.

Mayor Royse opened the Public Hearing at 7:11 p.m. There were no speakers. Mayor Royse closed the Public Hearing at 7:11 p.m.

On motion by Councilmember Chuang, seconded by Councilmember Cole and unanimous on roll call vote, the resolution adopting the FY 2022-23 Operating and Capital Budget was adopted.

14. RESOLUTION APPROVING THE GRADING PERMIT APPLICATION FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AT 259 BRIDGE ROAD Councilmember May disclosed he knows the attorney for the applicant, has no financial or professional relationship with her, and is able to impartially review the matter.

Vice Mayor Krolik disclosed she knows the attorney for the applicant, has no financial or professional relationship with her, and is able to impartially review the matter.

City Attorney Christopher Diaz provided comments.

Senior Civil Engineer Natalie Gribben provided the staff report. Public Works Director Paul Willis and City Manager Ann Ritzma provided additional information.

Property Owner Tyler Goldman responded to City Council questions.

Mayor Royse opened the Public Hearing at 7:35 p.m.

Tyler Goldman thanked the City Council for their consideration of the item.

Mayor Royse closed the Public Hearing at 7:36 p.m.

On motion by Councilmember May, seconded by Councilmember Cole and unanimous on roll call vote, the resolution approving the grading permit application for the construction of a new single-family residence at 259 Bridge Road was adopted.

XII. OLD BUSINESS

15. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

AN INTERIM AGREEMENT FOR PAYMENT OF CAPITAL COSTS OF CLEAN WATER

PROGRAM PROJECTS WITH THE CITY OF SAN MATEO
City Manager Ann Ritzma provided the staff presentation. Public Works Director Paul Willis provided additional information.

Mayor Royse opened public comment. There were no speakers. Mayor Royse closed public comment.

On motion by Vice Mayor Krolik, seconded by Councilmember Cole and unanimous on roll call vote, the resolution approving and authorizing the City Manager to execute an Interim Agreement with the City of San Mateo for payment of capital costs of clean water program projects was adopted.
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XIII. INFORMATIONAL

16. STATUS UPDATE ON THE HOUSING ELEMENT UPDATE PROJECT Building & Planning Director Sarah Fleming introduced the item. Robert Kain, Houseal Lavigne, provided the presentation. City Manager Ann Ritzma provided additional information.

17. CITY MANAGER'S UPDATE
City Manager Ritzma provided an informational update.

XIV. PUBLIC COMMENT II
Noelle Langmack, Housing Element Advisory Committee member, provided comments regarding the consequences of not meeting the deadline for submitting the Housing Element.

XV. CITY COUNCIL ITEMS
Councilmember May reported his attendance at a meeting of Peninsula Clean Energy in which the increase in electric rates and Peninsula Clean Energy’s financial reserves were discussed.

Councilmember Chuang congratulated the Memorial Day committee and Vice Mayor Krolik for a successful event and thanked staff for the successful shred event hosted at Town Hall.

Vice Mayor Krolik thanked Senior Management Analyst Mandy Brown, City Manager Ann Ritzma, Public Works Director Paul Willis, Public Works Department staff, Police Chief Doug Davis, Police Department staff, Finance Director Jan Cooke and Assistant Finance Director Rich Santiago for their contributions to the Memorial Day event.

Mayor Royse stated he met with Police Commissioner/Councilmember May and Police Chief Doug Davis to revisit the Town’s policies and procedures around emergencies, particularly around shootings. Mayor Royse thanked the school district for their communications related to the safety of students following the school shooting in Uvalde, Texas, and reported his attendance at a march for meaningful gun change in Burlingame, organized in part by a Hillsborough resident. Mayor Royse reported a Mental Health Awareness First Aid Training facilitated by the County and hosted by the Town and commended City Manager Ritzma for volunteering for suicide prevention calls. Mayor Royse reported the Town has an ordinance related to safe storage of firearms.

XVI. MAYOR'S APPLAUSE
Mayor Royse recognized the volunteers and Town staff who assisted with the Memorial Day event.

XVII. ADJOURNMENT TO THE HILLSBOROUGH PUBLIC IMPROVEMENT CORPORATION (HPIC) MEETING
Mayor Royse adjourned the regular City Council meeting to the Hillsborough Public Improvement Corporation meeting at 8:46 p.m.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
1 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MONTHLY CLAIMS: JUNE 1 THROUGH JUNE 30, 2022 SUMMARY: The monthly claims for the month of June 2022 in the amount of $4,353,109.02 are submitted for approval.

FISCAL IMPACT: Claims have been expended pursuant to the approved budget.

ATTACHMENTS: Monthly Claims Listing
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the monthly claims for June 2022 as submitted. -7-

TOWN OF HILLSBOROUGH

REPORT OF GOODS & SERVICES PURCHASED
DURING THE MONTH OF JUNE 2022
PREPARED BY:

Alan Singh
DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -8-

TOWN OF HILLSBOROUGH

SUMMARY OF PURCHASES
DURING THE MONTH OF JUNE 2022
GOODS & SERVICES PURCHASED $2,119,085.91
NET SALARIES & TAXES PAID 922,283.35
HEALTH BENEFIT PREMIUMS 154,560.93
BOND PAYMENTS 54,850.86
CCFD FUNDING 602,441.00
SAN FRANCISCO WATER PAYMENTS 499,886.97
TOTAL COST OF GOODS & SERVICES TO BE APPROVED $4,353,109.02

ASSISTANT FINANCE DIRECTOR DATE

ACTING CITY MANAGER DATE
7/5/2022
DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 7/5/2022
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COMPARATIVE SUMMARY
For the Month of June 2022
Jun-22 Jun-21 Jun-20
Goods & Services Purchased:

Operations 1,831,935.86 1,048,342.99 1,859,404.82
Capital 287,150.05 1,440,937.60 1,063,394.12
Net Salaries & Taxes Paid 922,283.35 881,405.41 883,551.12 Health Benefit Premiums 154,560.93 149,598.71 144,502.52 Bond Payments 54,850.86 50,555.67 58,677.41
CCFD Funding 602,441.00 660,690.00 0.00
San Francisco Water Payments 499,886.97 577,366.87 582,658.76 Investment Purchases 0.00 1,070,169.78 0.00
Total $4,353,109.02 $5,879,067.03 $4,592,188.75
NOTES:

Operations -
sewer treatment
Capital -
Bond -
CCFD -
Water -
FY 21/22 contribution is based on budget/contract.

There was no SFPUC wholesale water rate increase on July 1, 2021. The decrease from the prior year is attributable to water usage.

FY 21/22 spending is consistent with FY 20/21 spending except for timing of various payments or deposit refunds, as well as reoccurring payment to City of Burlingame for Capital project spending in June 2022 is primarily for Smoke Testing and Video Inspection and the Sewer Priority Basin I/II Rehabilitation Program.

FY 21/22 spending is consistent with FY 20/21 spending.

DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -10-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JUNE 2022
CK # VENDOR DESCRIPTION AMOUNT
2491 VINCENT CHU TRAVEL ADVANCE - TRAFFIC COLLISION COURSE PD 176.28 70284 950 MACADAMIA CORPORATION REFUND - BUILD DEPOSIT BP 2,337.02 70285 AFLAC MAY'22 INSURANCE PREMIUM 2,221.32
70286 AGUILAR & SONS REPAIR - INSTALL CURB/ASPHALT MULTIPLE SITES PW 7,182.00 70287 ALAMO CONSTRUCTION REFUND - DUPLICATE REINSPECT FEE BP 150.00 70288 ALHAMBRA & SIERRA SPRINGS APR '22 WATER BP 16.36
70289 ALLIED 100, LLC EQUIP - AED CARTRIGE/BATTERIES PD 767.81 70290 TIM ANDERSON REIMB - HOTEL EXPENSE PLANNING CONFERENCE BP 1,348.45 70291 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE MULTIPLE INVOICES PW 1,011.81 70292 AT&T 4/24/22-5/23/22 MULTIPLE ACCOUNTS 2,076.94
70293 AUTO PRIDE CAR WASH, INC APR '22 CAR WASHES PD 38.97 70294 BHS MUSIC BOOSTERS 2022 PARADE BAND CONTRIBUTION 500.00 70295 BOSCO OIL COMPANY GAS/DIESEL PW 5,254.90
70296 BROWN AND CALDWELL EMERGENCY RESPONSE PLAN PW 10,945.00 70297 BV369 TRUST REFUND - BUILD DEPOSIT BP 81,065.00
70298 CAL-STEAM, INC. #2504 PARTS - VARIOUS ITEMS PW 85.79 70299 DEANNA CHINCA REIMB - NOTARY INSURANCE PW 164.15
70300 CITY OF BRISBANE FEE - LEADERSHIP AND SUPERVISORY ACADEMIES HR 845.00 70301 CITY OF BURLINGAME FEB '22/MAR '22 SEWER BILLING FY 21/22 PW 218,571.00 70302 CSG CONSULTANTS, INC. C6 SERVICE/BUILDING INSPECT SERVICES 4/1/22-4/29/22 13,760.00 70303 DAILY JOURNAL CORPORATION LEGAL NOTICE 5/14/22 POST ADOPT ORDINANCE 785 CL 635.40 70304 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 3,467.62 70305 FERGUSON US HOLDINGS, INC PARTS - PRESS VALVES PW 2,815.31 70306 ANN STAR FORMAN FEE - NOTARY SERVICES MAY '22 BP 660.00 70307 DANIELLE ROCES GARCIA REFUND - BUILD DEPOSIT BP 20,161.00 70308 GEORGE'S GARDEN SERVICE APR '22 MAINT - ISLAND HAYNE & DARRELL PW 350.00 70309 HACH COMPANY WATER QUALITY SUPPLIES PW 2,089.31
70310 INTERWEST CONSULTING GROUP APR '22 SITE AUDIT PROGRAM BP 1,000.00 70311 LANDTEK LANDSCAPE INC MAY'22 LANDSCAPE MAINT/REPAIR VARIOUS SITES HBF 3,147.00 70312 LIEBERT CASSIDY WHITMORE APR '22 LEGAL SERVICES HR 1,042.50 70313 ROSANA LOMELI TRAIN - WATER DISTRIBUTION EXAM PREP STAFF PW 7,200.00 70314 MASTERPIECE GARDENERS, INC MAINT - MAY '22 HBF LANDSCAPE VARIOUS SITES 600.00 70315 MUNICIPAL MAINTENANCE PARTS - SEWER PIPE CONNECTORS PW 897.90 70316 NOEL L. MILLER, INC. MAINT - VARIOUS VEHICLES PW 1,519.92 70317 PENINSULA TRUCK REPAIR INC MAINT- FORD F250 TRUCK #301 PW TIRES 1,452.78 70318 PENINSULA UNIFORMS & EQUIPMENT UNIFORMS - GUN HOLSTER PD 148.99 70319 PETERSON POWER SYSTEMS, INC. REPAIR - BACKHOE #2 HYDRAULIC LEAK ASSESSMENT 1,137.18 70321 PG & E 4/1/22-5/2/22 MULTIPLE ACCOUNTS 16,184.16
70322 PIONEER MILLWORK, INC PARTS - DOORS GATE HOUSE PW 829.91 70323 PLAN JPA APR '22 DEDUCTIBLE CLAIMS CM 444.00
70324 PRINTING SYSTEMS, INC. PRINT - BUSINESS LICENSES FN 261.10 70325 R & A JANITORIAL SERVICE, LLC MAINT - WINDOW CLEANING TOWN HALL PW 1,300.00 70326 R & R RAINGUTTERS,INC REFUND - BUSINESS LICENSE DUPLICATE PAYMENT FN 104.00 70327 REDWOOD TRADING POST UNIFORM - RAIN BOOTS STAFF PW 459.76 70328 ROBERT HALF INTERNATIONAL INC TEMP SERVICE - W/E 5/20/22 & 5/27/22 FN 5,700.00 70329 SAN DIEGO POLICE EQUIPMENT CO SUPPLIES - AMMUNITION PD 2,017.43 70330 SAN MATEO LUMBER CO., INC MATERIALS - WOOD PW 349.37 70331 SFPUC FINANCIAL SERVICES MAR '22 - WATER QUALITY ANALYSIS PW 1,025.00 70332 CHI-HWA SHAO REFUND - GRADE DEPOSIT BP 5,500.00
70333 SHOE DEPOT, INC A CALIFORNIA WORK BOOTS - STAFF PW 295.25 70334 SMHS MUSIC BOOSTERS 2022 PARADE BAND CONTRIBUTION 500.00 70335 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 286.37 70336 THE BANK OF NEW YORK MELLON ADMIN FEE - COPS 2000 A/B 5/1/22 -4/30/22 FN 1,325.00 70337 TOTAL FLOW INC REPAIR - FLOW METER NEWHALL PW 3,338.64 70338 TOWNE FORD SALES REPAIR - '14 FORD CAR #1 BP 1,716.58 70339 TRAFFIC LOGIX CORPORATION EQUIP - TRAFFIC RADAR SIGN PW 10,163.44 70340 UNITED LABORATORIES SUPPLIES - SEWER LIFT-ZYME PW 2,364.82 DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -11-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JUNE 2022
70341 UNLIMITED TOOL & EQUIPMENT REP EQUIP - TRASH PUMP/SAW/BLADES PW 2,762.07 70342 V + A CONSULTING ENGINEERS SEWER COLLECTIONS SYSTEM DATA ANAYLYSIS PW 10,000.00 70343 VERIZON WIRELESS /11/22 - 5/10/22 MULTIPLE ACCOUNTS PW/PD 3,149.87 70344 WECO INDUSTRIES, LLC EQUIP - SEWER HOSES/NOZZELS PW 4,635.54 70345 WILSEY HAM SANITARY SEWER EVALUATION PW 23,941.50 70346 BENJAMIN LICHTMAN PARADE 2022 - CABLE CAR #1 RENTAL 2,500.00 70347 4LEAF, INC. APR '22 BUILDING INSPECTOR SERVICE BP 924.00 70348 AIXTEK EQUIP - TRAINING LAPTOP/MICROSOFT LICENSE JUN '22 14,611.22 70349 AKEL ENGINEERING GROUP, INC. 2022 WASTEWATER MASTER PLAN #4 37,016.88 70350 ALERT DOOR SERVICE, INC. INSTALL - KEY PAD GARAGE PW 490.00 70351 ALHAMBRA & SIERRA SPRINGS MAY '22 WATER BP/FN 30.70 70352 ALTA LANGUAGE SERVICES, INC LISTENING & SPEAKING TEST STAFF HR 66.00 70353 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 4.36
70354 AT&T 4/17/22-5/16/22 66.37
70355 AUTO PRIDE CAR WASH, INC MAY '22 CAR WASHES PD 127.90 70356 BAY AREA WATER SUPPLY & WATER LOSS CONTROL & VARIOUS PROGRAMS PW 11,201.04 70357 BAYSIDE BUILDING MATERIALS INC MATERIALS - TOP SOIL/GRAVEL PW 222.54 70358 GLENN BERKHEIMER JUN '22 LABOR RELATIONS HR 1,250.00 70359 BEST BEST & KRIEGER LLP FEE - APR '22 LEGAL SERVICES 34,543.80 70360 BEST BEST & KRIEGER LLP FEE - APR '22 LEGAL SERVICES 1,934.00 70361 BKF ENGINEERS A2 PHASE 2 DESIGN PRJ PW 6,182.00
70362 JULIE BORDEN REIMB - 2022 PARADE BANNERS, FLAGS, & PENNANTS 534.59 70363 BOSCO OIL COMPANY GAS/DIESEL PD/PW 13,203.40
70364 BURNETT LANDSCAPE DEVELOPMENT MAINT - JUN '22 HBF LANDSCAPE VARIOUS SITES 5,421.00 70365 BV369 TRUST REFUND - BUILD DEPOSIT BP 4,000.00
70366 CAL ENGINEERING & GEOLOGY, INC MARLBOROUGH MANHOLE OVERFLOW ANALYSIS PW 2,343.75 70367 CAL-STEAM, INC. #2504 PARTS - GRIP PLUGS PW 29.69 70368 CENTRAL COUNTY FIRE DEPARTMENT JUN '22 FISCAL CONTRIBUTION 602,441.00 70369 DAVID CHAN REFUND - BUILD DEPOSIT BP 5,000.00
70370 DANIEL RICHARD CHARLES INSTALL - PHASE CONVERTER PW 3,756.00 70371 CITY OF BURLINGAME JUN '22 LIBRARY SERVICES FN 57,716.00 70372 CITY OF SAN MATEO JUN '22 LIBRARY SERVICES FN 21,690.36 70373 CIVICPLUS SOFTWARE - MUNICODE FULL SERVICE SUPPLEMENT 452.56 70374 CLARK PEST CONTROL PEST CONTROL - PD 91.00
70375 CRAIG H. COLLINS REFUND - ADRB APPEAL FEE FN 900.00 70376 COMCAST MAY '22 CALNET NONCGEN LINE IT 4,254.21
70377 COMCAST JUN'21 MULTIPLE ACCOUNTS PD/PW 842.03
70378 CORRPRO COMPANY MARLBOROUGH TANK CATHODIC SYSTEM PW 1,398.34 70379 COUNTY OF SAN MATEO LAFCO SHARE FY 2022-2023 FN 5,522.00 70380 COUNTY OF SAN MATEO INFO SVC MAY '22 MICRO CHANNEL LINES PD 164.51 70381 CPCA MEMBERSHIP DUES PD 7/1/22- 6/30/23 STAFF PD 440.00 70382 CSG CONSULTANTS, INC. CIP ADMIN SEWER 21/22 & VARIOUS PRJ 5/1/22-5/31/22 97,264.62 70383 HENRY DOMENICONI REFUND - GRADE DEPOSIT BP 15,000.00 70384 DUDEK TREE ORDINANCE UPDATE CM 1,882.50
70385 ERLER & KALINOWSKI, INC SEWER CIP PHASE 1B ENG SUPPORT 21/22 PW 596.42 70386 FASTENAL COMPANY SUPPLIES - PERSONNEL PROTECTIVE EQUIP PW 937.62 70387 FREYER & LAURETA, INC HIGH LINE WATER PRJ DESIGN PW 4,408.25 70388 GRAINGER TOOLS - DRILL SET/PADLOCKS PW 145.34
70389 HACH COMPANY WATER QUALITY SUPPLIES PW 2,189.19
70390 HASSETT HARDWARE-SAN MATEO TOOLS - DRYWALL BLADES PW 84.32 70391 HF&H CONSULTANTS, LLC APR'22 WATER RATE STUDY W COS/ANALYSIS FN 4,935.00 70392 HOWARD ROME MARTIN RIDDLEY & LEGAL SERVICES FEB'22/MAR'22 CM 15,576.46 70393 MARK D HUDAK LEGAL SERVICES - MAY 2022 1,935.00
70394 INTERSTATE TRAFFIC CONTROL PARTS - BARRICADES/NEW SIGNS PW 2,918.67 70395 KELLY MOORE PAINT CO., INC SUPPLIES - PAINT/BUCKETS PW 107.27 70396 KRONOS SAASHR, INC. 2022-2023 DATA COLLECTION 6/29/22-6/28/23 FN 571.47 70397 LANDTEK LANDSCAPE INC REPAIR -SPRINKLERS ELMWOOD HBF 1,018.00 70398 JOHN LAVRICH REFUND - BUILD DEPOSIT BP 1,100.00
70399 LONESTAR HOLDINGS LLC REFUND - BUILD DEPOSIT BP 14,564.50 70400 MATRIX CONSULTING GROUP, LTD APR '22-GEN PLAN MAINT COST OF SERVICE STUDY FN 5,500.00 70401 METROPOLITAN PLANNING GROUP CONSULT - APR '22 PLANNER SERVICES BP 8,370.00 DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -12-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JUNE 2022
70402 SUZANNE NAGY REFUND - BUILD DEPOSIT BP 5,000.00
70403 NOEL L. MILLER, INC. MAINT - SMOG JEEP #D1/FORD #111 PW 426.04 70404 PENINSULA TRUCK REPAIR INC REPAIR - SWEEPER #250 AIR CONDITIONER PW 7,166.49 70405 PG & E 5/2/22-5/31/22 MULTIPLE ACCOUNTS 24,561.18 70406 PRIORITY 1 MAINT - MULTIPLE VEHICLES PD 2,950.00
70407 PVP COMMUNICATIONS LIDAR RECERTIFICATION PD 344.06 70408 R & A JANITORIAL SERVICE, LLC JUN '22 JANITORIAL SERVICES PW 15,163.72 70409 RECOLOGY SAN MATEO COUNTY SMCO GARBAGE FEES FY21-22 2ND PERIOD CLEAN UP 96,480.00 70410 RYAN ROSLANSKY REFUND - GRADE DEPOSIT BP 5,000.00 70411 SAN MATEO COUNTY PUBLIC SAFETY APR-JUN '22 MESSAGE SWITCH PD 2,918.50 70412 SAN MATEO COUNTY SHERIFF'S OFF MAY'22 CRIME LAB SERVICES PD 1,458.00 70413 SHARP BUSINESS SYSTEMS APR '22 COPIER CHARGES 1,851.28 70414 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 997.17 70415 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D1 STAFF PW 70.00 70416 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT D1 STAFF PW 70.00 70417 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D1 STAFF PW 50.00 70418 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR EXAM D2 STAFF PW 65.00 70419 STATE WATER RESOURCES CONTROL FEE - WATER OPERATOR CERT T2 STAFF PW 80.00 70420 TELECOMMUNICATIONS ENGINEERING JUN '22 COMM CENTER/BASE & LAWNET DEVICE PD 3,606.13 70421 THOMSON WEST MAY '22 INVESTIGATIVE WEBSITE PD 1,015.00 70422 BO THORENFELDT CONSTRUCTION REFUND - BUILD DEPOSIT BP 2,708.86 70423 TRESSERS TOW SERVICE TOW - '14 FORD EXPLORER PD 297.00 70424 TURBO DATA SYSTEMS, INC. MAY'22 CITATION PROCESSING & SCANNER PD 1,647.24 70425 TYLER TECHNOLOGIES, INC. TRAIN - ERP FINANCIAL SYSTEM FN 2,160.00 70426 UTILITY TELECOM, INC. JUN'22 ETHERNET & 3 CIRCUITS IT 420.03 70427 VERIZON CONNECT NWF INC FEB '22 - GPS MONTHLY SERVICES PW 558.40 70428 VERIZON WIRELESS 4/24/22- 5/23/22 PW 80.02
70429 VIKING SHRED LLC DESTRUCTION SERVICES PD 84.88
70430 VOX NETWORK SOLUTIONS MAINT - VOICEMAIL EMAIL ADDRESS UPDATE IT 184.00 70431 WILSEY HAM SANITARY SEWER EVALUATION PW 6,946.75
70432 CHRISTOPHER ZAMMIT REPAIR - BODY/BUMPER '14 FORD EXPLORER PD 6,284.58 70433 ACACIA FINANCIAL GROUP, INC ADVISORY SERVICES - LIBOR FN 17,823.75 70434 ADP, LLC JUN '22 MASTERTAX SOFTWARE SUPORT FN 76.08 70435 AFLAC JUN'22 INSURANCE PREMIUM 1,888.52
70436 VINCENT AGBAYANI REFUND - WATER DEPOSIT BALANCE FN 266.08 70437 AIXTEK JUN '22 IT MANAGEMENT SERVICE IT 24,585.00 70438 JOANNE M. AKAY CATERING - BREAKFAST PUBLIC WORKS WEEK 5/19/22 400.00 70439 ARAMARK SERVICES, INC COFFEE & SUPPLIES BP 475.19 70440 ARAMARK UNIFORM & CAREER UNIFORM CLEANING SERVICE MULITPLE INVOICES PW 993.23 70441 AT&T 5/20/22-6/19/22 MULTIPLE ACCOUNTS 623.69
70442 BEST BEST & KRIEGER LLP FEE - APR '22 LEGAL SERVICES 1,750.00 70443 BEST BEST & KRIEGER LLP FEE - APR '22 LEGAL SERVICES 1,750.00 70444 BEST BEST & KRIEGER LLP FEE - APR '22 LEGAL SERVICES 1,750.00 70445 BEST BEST & KRIEGER LLP FEE - APR/MAY '22 LEGAL SERVICES 38,454.74 70446 BEST BEST & KRIEGER LLP FEE - MAY '22 LEGAL SERVICES 2,943.90 70447 BOSCO OIL COMPANY GAS/DIESEL PW 2,053.84
70448 BROWN AND CALDWELL EMERGENCY RESPONSE PLAN PW 9,693.25 70449 CALPERS 1959 SURVIVOR CONTRIBUTION FY 21/22 POLICE HR 1,499.30 70450 SYLVIA CANTWELL REFUND - WATER DEPOSIT BALANCE FN 210.64 70451 CERTIFIED LABORATORIES SUPPLIES -LIQUID CERTI-ZYME PW 1,149.76 70452 CITY OF BURLINGAME APR '22 SEWER BILLING FY 21/22 PW 107,326.00 70453 COUNTY OF SAN MATEO FY21-22 ANIMAL SHELTER CONSTRUCT COSTS PD 13,771.00 70455 CSG CONSULTANTS, INC. CIP ADMIN SEWER 21/22 & VARIOUS PRJ 5/1/22-5/27/22 85,185.00 70456 ANGELOS DASSIOS REFUND - BUILD DEPOSIT BP 3,370.00 70457 STEPHEN DEHAAN REFUND - WATER DEPOSIT BALANCE FN 253.76 70458 DU-ALL SAFETY, LLC MAY'22 SAFETY CONSULT PW 120.00 70459 EK HEALTH ERGNOMIC EVALUATION STAFF HR 130.93
70460 RYAN ENRIGHT REFUND - BUILD DEPOSIT BP 14,388.50
70461 ERLER & KALINOWSKI, INC SEWER REHAB PHASE 1C DESIGN 21/22 PW 15,054.00 70462 FINANCIAL CREDIT NETWORK DEBT COLLECTION CHARGE FN 42.08 70463 GERI FORRESTER REFUND - WATER DEPOSIT BALANCE FN 278.40 DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -13-

TOWN OF HILLSBOROUGH
PURCHASES MADE DURING JUNE 2022
70464 GEORGE'S GARDEN SERVICE MAY '22 MAINT - ISLAND HAYNE & DARRELL PW 350.00 70465 GO NATIVE, INC MAINT - VEGETATION MANAGE VARIOUS SITES PW 25,518.92 70466 HF&H CONSULTANTS, LLC MAY'22 WATER RATE STUDY 2022 W COS FN 9,352.50 70467 HILLSBOROUGH CITY SCHOOL SCHOOL CROSSING GUARDS SERVICE FN 27,500.00 70468 HOME DEPOT CREDIT SERVICES MAY '22 VARIOUS PARTS & SUPPLIES/CREDIT PW 4,398.97 70469 JUNG HONG REFUND - WATER DEPOSIT BALANCE FN 391.98 70470 HOWARD ROME MARTIN RIDDLEY & LEGAL SERVICES MAY'22 CM 70.50 70471 INTERSTATE TRAFFIC CONTROL PARTS - IMPACT BARRIERS/CUSTOM SIGNS PW 14,425.26 70472 INTERWEST CONSULTING GROUP MAY '22 SITE AUDIT PROGRAM BP 2,000.00 70473 ANNA LAURA JONES HISTORICAL DESIGN REVIEW BP 500.00 70474 KELLY MOORE PAINT CO., INC SUPPLIES - PAINT/ROLLERS PW 163.82 70475 SHAWN KIRBY MAY '22 POOL SERVICE 1640 RENTAL PW 180.00 70476 KRONOS SAASHR, INC. MAY'22 PAYROLL PROCESSING FIN 1,875.95 70477 LANDTEK LANDSCAPE INC INSTALL -BARK/JUN'22 LANDSCAPE VARIOUS SITES HBF 10,405.00 70478 METRO MOBILE COMMUNICATIONS REMOVE - RADIO CAR #308 PW 322.50 70479 NORCAL RENTAL GROUP LLC SUPPLIES - PROPANE PW 44.73 70480 VERONICA NOVOSEL REFUND - PERMIT FEES BP 19,955.86 70481 NUEVA SCHOOL REFUND - PERMIT DEPOSIT FN 800.00
70482 PACIFIC COAST LABORATORIES INC EQUIP - SOUND WAVE EAR PIECE STAFF PD 1,596.77 70483 PG & E 5/3/22-6/1/22 MULTIPLE ACCOUNTS 5,830.87
70484 QUADIENT LEASING USA, INC POSTAGE METER LEASE 3/30/22 - 6/29/22/SUPPLIES FN 686.37 70485 QUENCH USA, INC WATER FILTRATION SERVICE 5/28/22-6/27/22 71.09 70486 GERARD J QUINN FEMA CONSULTING DEC '20 - APR '22 FN 1,676.00 70487 RENNE PUBLIC LAW GROUPE LLP LEGAL RETAINER MAY '22 CM 4,000.00 70488 ROSS & KEARA MEYERCORD REFUND - BUILD DEPOSIT BP 4,581.50 70489 SAN MATEO COUNTY SHERIFF'S FEE- COYOTE POINT RANGE 4/22 PD 3,200.00 70490 SAN MATEO COUNTY SHERIFF'S OFF JUN '22 CRIME LAB SERVICES PD 730.00 70491 STANDARD INSURANCE COMPANY JUN '22 GROUP LIFE/ADD/LTD ASSESSMENT 2,899.45 70493 STAPLES ADVANTAGE OFFICE SUPPLIES - ALL DEPARTMENTS 2,119.07 70494 VERIZON WIRELESS 5/11/22 - 6/10/22 MULTIPLE ACCOUNTS PW/PD 3,258.81 70495 GAIL WALKER REFUND - WATER DEPOSIT BALANCE FN 187.28 70496 WESTLAND CONTRACTORS, INC 20/21 SEWER REHAB PRJ RETENTION PW 84,330.76 70497 WITMER-TYSON IMPORTS, INC. MAY'22 K-9 TRAINING & SUPPLIES PD 1,493.00 70498 WIZARD PLUMBING AND DRAIN INC REFUND - DUPLICATE PERMIT FEE BP 210.05 70499 GOLNAR YAZDI REFUND - BUILD DEPOSIT BP 11,438.00
TOTAL GOODS & SERVICES FOR THE MONTH PAID BY CHECK $ 2,301,488.38 CALPERS RETIREMENT CONTRIBUTIONS 298,107.90
VISA PAYMENTS 44,539.69
RETIREE HEALTH REIMBURSEMENTS 77,390.94
TOTAL GOODS & SERVICES FOR THE MONTH $ 2,721,526.91
DocuSign Envelope ID: 120321EF-96CB-4773-A714-22B6E24CC4B3 -14-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
2 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY INTEREST RATE PRODUCTS (SWAP) REPORT SUMMARY: Pursuant to Government Code Section 5922(a) and the Town’s Interest Rate Mitigation Policy, the quarterly report providing the status of all interest rate products is provided to the City Council for the quarter ended June 30, 2022.

FISCAL IMPACT: There is no fiscal impact associated with the reporting function.

ATTACHMENTS: Interest Rate Products Report for Quarter Ended June 30, 2022 PREPARED BY: Jan Cooke, Finance Director
RECOMMENDATION: Accept the Interest Rate Products Report for the quarter ended June 30, 2022.
-15-
Information furnished by: JP Morgan
New York Client Valuations Tel. No. 302-634-1940
Client [email protected]
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,200,000 7,800,000 7,305,000
Fixed Amounts (Town):

Payment Dates Monthly on Day 1 12/1 and 6/1 12/1 and 6/1 Monthly on Day 1 starting 7/1/00 starting12/1/03 starting12/1/03 starting 5/1/06 Rate 5.262% 3.75% 3.77% 3.507%
Day Count Fraction 30/360 30/360 30/360 Actual/360
Initial Calculation Period 5/31/00-7/1/00
Floating Amounts (Morgan):

Floating Rate Option Actual Rate (see USD-Floating TBMA- USD-Floating TBMA- USD-LIBOR agreement for more BMA Muni Swap BMA Muni Swap
details) Index Index
Knockout Rate for 7% preceding 180-day 7% preceding 180-day Early Termination period (see agreement period (see agreement for details) for details)
Valuation
Date Total Date Moody's S&P Fitch
9/30/2008 (419,484) (722,615) (550,003) (1,692,102) 10/1/2008 P-1/Aa2 A-1+/AA- F1+/AA-/A+ 12/31/2008 (1,183,644) (2,049,897) (2,444,540) (5,678,081) 1/5/2009 P-1/Aa2 A-1/A+ F1+/AA-/A+ 3/31/2009 (1,149,701) (1,945,955) (2,032,780) (5,128,436) 4/1/2009 P-1/Aa1 A-1+/AA- F1+/AA6/30/2009 (842,134) (1,415,086) (1,104,413) (3,361,633) 7/1/2009 P-1/Aa1 A-1+/AA- F1+/AA9/30/2009 (1,099,229) (1,849,746) (1,346,383) (4,295,358) 10/1/2009 P-1/Aa1 A-1+/AA- F1+/AA12/31/2009 (865,603) (1,451,874) (816,530) (3,134,007) 1/4/2010 P-1/Aa1 A-1+/AA- F1+/AA3/31/2010 (851,408) (1,418,171) (897,357) (3,166,936) 4/1/2010 P-1/Aa1 A-1+/AA- F1+/AA6/30/2010 (1,136,987) (1,922,354) (1,634,350) (4,693,691) 7/1/2010 P-1/Aa1 A-1+/AA- F1+/AA9/30/2010 (1,366,509) (2,331,232) (2,043,047) (5,740,788) 10/4/2010 P-1/Aa1 A-1+/AA- F1+/AA12/31/2010 (974,369) (1,639,800) (1,243,449) (3,857,618) 1/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 3/31/2011 (868,872) (1,468,293) (1,076,946) (3,414,111) 3/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 6/30/2011 (974,847) (1,643,846) (1,285,908) (3,904,602) 7/5/2011 P-1/Aa1 A-1+/AA- F1+/AA 9/30/2011 (1,499,284) (2,636,285) (2,482,117) (6,617,686) 10/4/2011 P-1/Aa1 A-1+/AA- F1+/AA 12/31/2011 (1,533,381) (2,709,039) (2,558,456) (6,800,876) 1/3/2012 P-1/Aa1 A-1/A+ F1+/AA 3/30/2012 (1,401,115) (2,431,019) (2,192,178) (6,024,312) 4/2/2012 P-1/Aa1 A-1/A+ F1+/AA6/29/2012 (1,617,993) (2,847,926) (2,680,723) (7,146,642) 7/2/2012 P-1/Aa3 A-1/A+ F1+/A+ 9/28/2012 (1,641,638) (2,875,433) (2,638,688) (7,155,759) 10/1/2012 P-1/Aa3 A-1/A+ F1/AA12/31/2012 (1,560,712) (2,722,942) (2,485,853) (6,769,507) 1/2/2013 P-1/Aa3 A-1/A+ F1/AA3/31/2013 (1,441,801) (2,506,027) (2,241,870) (6,189,698) 4/1/2013 P-1/Aa3 A-1/A+ F1/AA6/28/2013 (1,130,119) (1,943,435) (1,713,673) (4,787,227) 7/1/2013 P-1/Aa3 A-1/A+ F1/A+ 9/30/2013 (1,115,945) (1,920,828) (1,590,210) (4,626,983) 10/1/2013 P-1/Aa3 A-1/A+ F1/A+ 12/31/2013 (998,553) (1,708,818) (1,347,641) (4,055,012) 1/6/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2014 (1,038,033) (1,810,668) (1,542,884) (4,391,585) 4/1/2014 P-1/Aa3 A-1/A+ F1/A+ 6/30/2014 (1,088,865) (1,918,485) (1,713,422) (4,720,772) 7/1/2014 P-1/Aa3 A-1/A+ F1/A+ 9/30/2014 (1,055,693) (1,889,773) (1,715,618) (4,661,084) 10/6/2014 P-1/Aa3 A-1/A+ F1/A+ 12/31/2014 (1,192,349) (2,188,502) (2,020,105) (5,400,956) 1/5/2014 P-1/Aa3 A-1/A+ F1/A+ 3/31/2015 (1,293,713) (2,406,256) (2,214,513) (5,914,482) 4/2/2015 P-1/Aa3 A-1/A+ F1/A+ 6/30/2015 (1,141,959) (2,082,368) (1,863,238) (5,087,565) 7/1/2015 P-2/A3 A-1/A F1/A+ 9/30/2015 (1,273,319) (2,358,476) (2,118,522) (5,750,317) 10/1/2015 P-2/A3 A-1/A F1/A+ 12/31/2015 (1,186,503) (2,219,563) (1,980,147) (5,386,214) 1/4/2016 P-2/A3 A-2/A- F1/A+ 3/312016 (1,405,646) (2,653,147) (2,341,019) (6,399,812) 4/1/2016 P-2/A3 A-2/A- F1/A+ 6/30/2016 (1,379,543) (2,660,832) (2,487,101) (6,527,477) 7/5/2016 P-2/A3 A-2/A- F1/A+ 9/30/2016 (1,286,228) (2,527,200) (2,410,562) (6,223,990) 10/3/2016 P-2/A3 A-2/A- F1/A+ 12/31/2016 (930,745) (1,806,589) (1,725,426) (4,462,760) 1/3/2017 P-2/A3 A-2/A- F1/A+ 3/31/2017 (865,259) (1,690,939) (1,644,055) (4,200,253) 4/3/2017 P-2/A3 A-2/A- F1/A+ 6/30/2017 (891,617) (1,757,121) (1,671,834) (4,320,571) 7/3/2017 P-2/A3 A-2/A- F1/A+ 9/30/2017 (860,037) (1,809,408) (1,659,192) (4,328,637) 10/2/2017 P-2/A3 A-2/A- F1/A+ 12/31/2017 (778,522) (1,567,891) (1,527,751) (3,874,165) 1/3/2018 P-2/A3 A-2/A- F1/A+ 3/31/2018 (633,638) (1,286,851) (1,278,149) (3,198,638) 3/30/2018 P-2/A3 A-2/A- F1/A+ Present Value (USD)
JPMCB Credit Rating
Town of Hillsborough
Interest Rate Products Report
Quarter Ending June 30, 2022

COUNTERPARTY'S INFORMATION
-16-
Maturity Date 6/1/2007 6/3/2030 6/1/2033 6/1/2035
Trade Date 5/10/2000 8/13/2003 8/13/2003 12/27/2005
Deal ID No. 50000438915 85002621 85002622 20008650/2180955 Notional USD 4,900,000 9,700,000 15,000,000 12,000,000
Current Notional USD N/A 4,200,000 7,800,000 7,305,000
Fixed Amounts (Town):

COUNTERPARTY'S INFORMATION
6/30/2018 (595,088) (1,216,696) (1,163,294) (2,975,078) 7/2/2018 P-2/A3 A-2/A- F1+/AA9/30/2018 (534,733) (1,097,489) (1,043,198) (2,675,421) 12/2/2018 P-1/Aa2 A-1/A+ F1+/AA 12/31/2018 (625,075) (1,288,104) (1,221,955) (3,135,134) 1/2/2019 P-1/Aa2 A-1/A+ F1+/AA 3/31/2019 (677,905) (1,411,321) (1,351,819) (3,441,045) 4/2/2019 P-1/Aa2 A-1/A+ F1+/AA6/30/2019 (786,325) (1,650,809) (1,572,150) (4,009,284) 6/24/2019 P-1/Aa2 A-1/A+ F1+/AA 9/30/2019 (822,552) (1,771,411) (1,756,193) (4,350,156) 10/1/2019 P-1/Aa2 A-1/A+ F1+/AA 12/31/2019 (736,930) (1,578,670) (1,544,468) (3,860,067) 1/3/2020 P-1/Aa2 A-1/A+ F1+/AA 3/31/2020 (949,787) (2,103,166) (2,137,806) (5,190,759) 4/1/2020 P-1/Aa2 A-1/A+ F1+/AA 6/30/2020 (972,119) (2,149,787) (2,150,373) (5,272,279) 7/1/2020 P-1/Aa2 A-1/A+ F1+/AA 9/30/2020 (927,793) (2,058,093) (2,060,692) (5,046,578) 10/1/2020 P-1/Aa2 A-1/A+ F1+/AA 12/31/2020 (859,895) (1,903,968) (1,897,991) (4,661,854) 1/4/2021 P-1/Aa2 A-1/A+ F1+/AA 3/31/2021 (715,854) (1,549,271) (1,495,600) (3,760,725) 4/2/2021 P-1/Aa2 A-1/A+ F1+/AA 6/30/2021 (714,358) (1,607,392) (1,586,446) (3,908,196) 7/5/2021 P-1/Aa2 A-1/A+ F1+/AA 9/30/2021 (665,758) (1,506,012) (1,516,300) (3,688,070) 10/4/2021 P-1/Aa2 A-1/A+ F1+/AA 12/31/2021 (576,756) (1,339,484) (1,414,612) (3,330,851) 1/3/2022 P-1/Aa2 A-1/A+ F1+/AA 3/31/2022 (345,989) (839,384) (1,005,851) (2,191,225) 4/4/2022 P-1/Aa3 A-1/A+ F1+/AA 6/30/2022 (256,750) (624,581) (734,935) (1,616,266) 7/1/2022 P-1/Aa3 A-1/A+ F1+/AA Valuations set forth herein are numerically expressed in accordance with the following convention: a positive value indicates that JPMorgan is out-of-the-money, which means that if the relevant transactions were to be terminated at the valuations set forth herein, there would be a payment from JPMorgan to Town; likewise a negative value indicates that Town is out-of-the-money, which means if the relevant transactions were to be terminated, there would be a payment from Town to JPMorgan. -17-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
3 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: QUARTERLY TREASURER'S REPORT FOR THE QUARTER ENDING JUNE 30, 2022
SUMMARY: Government Code Section 5364(b) requires that the Quarterly Investment Report be rendered to the City Council during public session within 30 days of the quarter's end.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ATTACHMENTS: Quarterly Treasurer's Report
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION: Approve the Treasurer's Report for the quarter ending June 30, 2022. -19-
Purchase Maturity Days to Amortized/Fair/ Coupon Valuation Issuer Type Date Date Maturity Cost Par Value Market Value Rate Yield Source LAIF On demand 70,583,040.23 70,583,040.23 69,789,230.75 0.6840% 1 Sec 115 Benefit Trust Company 5,259,464.38 5,259,464.38 5,259,464.38 1.9000% 3 Cash on Hand 8,300.00 8,300.00 8,300.00
Checking Account On demand 10,169,885.13 10,169,885.13 10,169,885.13 0.0100% 3 US Bank Custodial Account 1,139,476.99 1,139,476.99 1,139,476.99 0.0000% 4 Sub-total 87,160,166.73 87,160,166.73 86,366,357.25
INVESTMENTS: Cost Market Value
United States Treasury TN 10/29/2020 5/15/2023 319 199,937.50 200,000.00 195,266.00 0.1300% 3 United States Treasury TN 10/29/2020 10/15/2023 472 199,812.50 200,000.00 192,812.00 0.1300% 3 United States Treasury TN 6/11/2021 3/15/2024 624 200,250.00 200,000.00 190,962.00 0.2600% 3 United States Treasury TN 10/1/2021 9/30/2025 1188 196,062.50 200,000.00 182,726.00 0.2700% 3 United States Treasury TN 6/11/2021 8/31/2024 793 206,000.00 200,000.00 192,680.00 1.3000% 3 United States Treasury TN 3/18/2022 12/31/2026 1645 192,500.00 200,000.00 184,860.00 1.3500% 3 United States Treasury TN 3/18/2022 1/31/2027 1676 194,625.00 200,000.00 186,734.00 1.6100% 3 United States Treasury TN 6/11/2021 7/31/2024 762 211,562.50 200,000.00 196,500.00 2.1600% 3 United States Treasury TN 4/16/2018 3/31/2023 274 413,962.50 415,000.00 414,057.95 2.5100% 3 BMW BK NORTH AMER SALT LAKE NCD 6/18/2021 6/18/2024 719 250,000.00 250,000.00 235,837.50 0.3200% 3 ENERBANK USA UT NCD 4/30/2018 4/28/2023 302 250,000.00 250,000.00 250,790.00 2.9400% 3 HORIZON BK NATL ASSN IND NCD 5/4/2018 5/4/2023 308 250,000.00 250,000.00 250,742.50 2.9400% 3 Sub-Total 2,764,712.50 2,765,000.00 2,673,967.95
GRAND TOTALS $ 89,924,879.23 $ 89,925,166.73 $ 89,040,325.20 LEGENDS:

LAIF Local Agency Investment Fund (State of CA) LAIF Quarterly Performance Report 1 SMCP San Mateo County Pool SMCP report 2
MMF Money Market Fund Custodian Bank/Trust statement 3
BA Bankers' Acceptance Broker/Dealer market information 4 CP Commercial Paper Other Sources: Newspaper, other 5
TCD Time Certificate of Deposit Amortized Cost 6
NCD Negotiable Certificate of Deposit
TB Treasury Bill
TN Treasury Note
All funds are invested in accordance with the Town of Hillsborough's Investment Policy as approved by the City Council. Sufficient funds are available to meet the Town's expenditures for a six-month period. This report is prepared pursuant to Government Code Section 53646.

Prepared by: Rich Santiago, Assistant Finance Director
Date
Approved by: Jan Cooke, Finance Director
Date
Town of Hillsborough
Report on Cash and Investments Held As of Quarter Ended June 30, 2022

TYPE OF INVESTMENTS VALUATION SOURCE
7/5/2022
DocuSign Envelope ID: A73D288D-989C-4BC3-A5EE-E1A3F00C4277 7/5/2022
-20-
RECAP: Purchase Price % to Total TOH Restriction 4th Quarter* Year To Date LAIF Local Agency Investment Fund $ 70,583,040.23 78.5% None 120,697 130,196 TCD Time Certificate of Deposit - 0.0% None
NCD Negotiable Certificate of Deposit 750,000.00 0.8% None 4,401 25,926 TB Treasury Bills - 0.0% None
TN Treasury Notes 2,014,712.50 2.2% None 6,850 25,218
CP Commercial Paper - 0.0% None
BA Bankers Acceptances - 0.0% None
CA Checking/Sweep Account 10,169,885.13 11.3% None 388 1,061 CUS Custodian Account 1,139,476.99 1.3%
COH Cash on Hand 8,300.00 0.0% None
Section 115 Trust 5,259,464.38 5.8% None 13,295 300,164 Sub-total 89,924,879.23 100%
Trustee - Bond Funds
Bond Funds - Investments
Total $ 89,924,879.23 145,631 482,564
Maturity of 2 years and under 72,347,002.73 80.5%
Section 115 Trust 5,259,464.38 5.8%
CA Checking/Sweep Account 10,169,885.13 11.3%
CUS Custodian Account 1,139,476.99
COH Cash on Hand 8,300.00 0.0%
Sub-total 88,924,129.23 97.6%
Maturity from 2-5 years 1,000,750.00 1.1%
Sub-total - Town Funds 89,924,879.23 99%
Bond Funds
Trustee - Bond Funds
Total Portfolio $ 89,924,879.23
TOTAL INVESTMENTS $ 78,607,217.11
CASH/CHECKING/MMA 11,317,662.12

TRUSTEE BOND FUNDS -
89,924,879.23
*Estimate -
Investment Income
For Quarter Ending June 30, 2022

INVESTMENT RECAP

TOWN OF HILLSBOROUGH
-21-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
4 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING THE CLASSIFICATION SPECIFICATION OF

PROPERTY OFFICER
SUMMARY: The Police Department is updating its best practices for property and evidence handling in conjunction with new legislation. The department has evaluated additional new legal requirements and procedures and projected the need for a full time employee to take on these new duties. The department added the new position to the proposed FY 2022-23 budget, which was approved by the City Council on June 13, 2022. Staff wishes to formalize the duties and responsibilities of the new position, titled Property Officer, in a classification specification.

FISCAL IMPACT: There is no fiscal impact associated with this item; the position is included in the FY 2022-23 approved budget.

ATTACHMENTS:

1. Resolution

2. Property Officer classification specification
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution approving the classification specification of Property Officer.
-23-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING THE CLASSIFICATION SPECIFICATION FOR PROPERTY OFFICER WHEREAS, the Town of Hillsborough (“Town”) has established classification specifications that describe the responsibilities and duties assigned to each position; and
WHEREAS, the Town desires to have a range of classification specifications in order to meet its business needs; and
WHEREAS, the Police Department has added a new position of Property Officer to their headcount; and
WHEREAS, the Town has created a new classification specification for Property Officer; and
WHEREAS, the Town desires to add the Property Officer classification specification to the approved set of positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves the classification specification for Property Officer effective July 11, 2022.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of July 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
-24-
ATTACHMENT 1

TOWN OF HILLSBOROUGH
CREATED: 7/2022

HPOA UNIT
FLSA: NON-EXEMPT

PROPERTY OFFICER

DEFINITION
Under general supervision, performs a variety of activities in administering non-sworn law enforcement support services and programs for the Town’s Police Department. Provide for the custody, release, destruction and safekeeping of properties being held; testify in court to verify the chain of custody of evidence, traffic control, evidence collection and processing, crime prevention, neighborhood watch and public outreach, writing reports; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Senior Management Analyst. Exercises no direct supervision over staff.

CLASS CHARACTERISTICS
This is the fully qualified journey-level classification responsible for performing a variety of non-sworn law enforcement duties. Incumbents are expected to work independently and exercise judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from Police Officer in that the latter are responsible sworn peace officers within the authority and limits of California Penal Code Sections 830.1 and 832.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
• Supervise the custody and safekeeping of various types of property which have been recovered, found or are being held as evidence in connection with the prosecution of crimes. • Receive, enter into the records, classify and store property. • Maintain and supervise the maintenance of files and records on storage, movement and disposition of properties in custody.
• Release property to be used as evidence to legally authorized persons; process return of property to rightful owners.
• Testify in court to verify chain of custody records on property held as evidence. • Destroy or make arrangements for the destruction of nuisance weapons and illicit materials such as narcotics in accordance with Penal Codes and Law. • Make arrangements for sale of unclaimed property; conduct auctions of property. • Maintain inventory control records of department's fixed assets and other equipment; make arrangements for release of surplus property for storage or disposal in accordance with Town policy.
• Obtain equipment repair and replacement cost estimates; make recommendations for action and arrangements for repairs by Town employees or outside vendors. -25-
ATTACHMENT 2
• Contact or respond to questions of law enforcement personnel, attorneys, representatives of various agencies and the public concerning the release, location and disposition of property. • Take fingerprints and photographs of various types of applicants, registrants and probationers. • Review records of sales of handguns.
• Operate California Law Enforcement Teletype (CLETS) and National Crime Information Computer (NCIC) terminals.
• Provides services to the public regarding traffic accidents, crime reports, or related activities that do not require the presence of a sworn law enforcement officer at the scene; determines the nature of the contact; provides general information regarding department policies, procedures, and regulations; completes standard police reports for review by assigned supervisor.
• Responds to non-injury or minor injury traffic collisions; provides traffic and crowd control, directing news media, pedestrians, and emergency vehicles, as required. • Assists in maintaining department vehicles by coordinating and scheduling ongoing maintenance; maintains vehicle maintenance and repair records. • Supports public information and education outreach programs, presentations, events, and activities related to crime prevention, safety, and neighborhood watch. • Observes and reports hazardous conditions, obstructions to traffic, and other emergencies. • Maintains accurate departmental and law enforcement records, databases, and files; researches and compiles information for various reports.
• Researches and assembles information from a variety of sources for the completion of forms or preparation of reports.
• Creates and edits a variety of documents, including correspondence, letters, memos, agendas, reports, and forms.
• Coordinates activities with department staff or other Town departments as needed; exchanges information with officers from other law enforcement agencies; obtains advice from the assigned supervisor and/or legal counsel regarding cases, policies, and procedures, as needed and assigned.
• Performs a variety of department support duties such as ordering and maintaining office and other related supplies.
• Attends necessary training and shift briefing sessions; monitors changes in regulations that may affect operations; implements policy and procedural changes after approval. • Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principles and procedures of stock control systems and record keeping. • Techniques of receiving, storing, inventorying, safeguarding and disposing of personal and other types of property.
• California Penal Code, Civil Code, various County and Town ordinances, the Federal Gun Act of 1968 and other laws governing public property, release of property and evidence and destruction of narcotics, and others relevant to assigned area of responsibility. • General characteristics and values of different types of commodities and equipment used, including characteristics and handling of firearms.
• Types of information stored in CLETS and NCIC.
-26-
• Principles, practices, methods, and techniques of providing non-sworn law enforcement program support including evidence collection and processing, crime prevention, and public outreach.
• Functions of law enforcement agencies.
• Local, state, and federal law enforcement databases.
• Occupational hazards and standard safety practices necessary in the area of providing nonsworn law enforcement support.
• Research and reporting methods, techniques, and procedures. • Principles and procedures of record keeping, technical report writing, and preparation of correspondence and presentations.
• Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and Town staff.
• The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

Ability to:
• Explain and apply departmental policies and procedures including court procedures and process of obtaining release of property.
• Maintain complete and accurate records.
• Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Exercise good judgment.
• Make accurate observations.
• Work well with minimal supervision.
• Deal effectively and tactfully with employees, officials of public agencies, attorneys, property owners and the public.
• Compile and summarize information; prepare clear and concise reports, correspondence, and other written materials.
• Lift and move bulky or heavy objects.
• Apply laws, codes and ordinances related to property management, guns, narcotics and evidence.
• Handle firearms.
• Obtain and use the type of information stored in CLETS and NCIC. • Independently perform non-sworn law enforcement program support duties. • Assess situations and identify pertinent problems/issues; collect relevant information; evaluate realistic options; recommend and implement appropriate course of action. • Identify and respond to issues and concerns of Town management and staff, and the general public in a fair, tactful, and timely manner.
• Organize, maintain, and update office database and records systems. • Effectively represent the department and the Town in meetings with governmental agencies, community groups, various professional and regulatory organizations, and in meetings with individuals.
• Organize work, set priorities, meet critical deadlines, and follow-up on assignments. -27-
• Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks. • Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
• Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to the completion of the twelfth (12th) grade and two (2) years of increasingly responsible experience performing receiving, storage, and release of property and maintenance of inventory control records, or two (2) year of administrative support and dealing with the public, preferably in a law enforcement environment. An Associate of Arts or Bachelor of Arts degree are highly desirable.

Licenses and Certifications:
• Possession of, or ability to obtain, a valid California Driver’s License.

PHYSICAL DEMANDS
When working in an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

When working in the field, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various Town sites; vision to inspect sites and crime scenes. The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 25 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.

ENVIRONMENTAL ELEMENTS
Employees work partially in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes.
-28-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
5 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 21-87 PURSUANT TO ASSEMBLY BILL 361
SUMMARY: On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. This has allowed the City Council, Administrative Hearing Panel, Architecture and Design Review Board, Citizens Communication Advisory Committee and Financial Advisory Committee meetings to be conducted by Zoom with Councilmembers, board/committee members and staff joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.

On October 11, 2021, the City Council adopted Resolution No. 21-87, making findings that state or local officials continue to recommend social distancing measures to prevent the spread of COVID19 and including reference in particular to Cal-OSHA regulation 3205 which recommends physical -29-
Agenda Staff Report - Hillsborough City Council
July 11, 2022

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distancing in the workplace. The adoption of this resolution was consistent with enacted Assembly Bill (AB) 361.

The City Council reconfirmed the findings of Resolution No. 21-87 on November 8, 2021, November 22, 2021, December 13, 2021, January 10, 2022, February 14, 2022, March 14, 2022, April 11, 2022, May 9, 2022 and June 13, 2022 as required by AB 361.

On March 14, 2022, the City Council also provided direction to staff on a planned hybrid meeting approach beginning with the April 11, 2022 City Council meeting.

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

At this time, staff is recommending a reconfirmation of the findings contained in Resolution No. 21- 87 to ensure that there is no gap in the ability of the City Council, boards and committees to attend virtually as necessary.

FISCAL IMPACT: The City Council’s approval of a motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by approval of the motion. The move to hybrid meetings required additional technical equipment which has been purchased and installed.

ENVIRONMENTAL ISSUES: The City Council’s reconfirmation of the findings is not a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: Resolution No. 21-87
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: Approve a motion to reconfirm the findings and determinations made in Resolution No. 21-87 pursuant to Assembly Bill 361, with acknowledgment that the California Department of Public Health has updated the definition of “close contact” in Regulation 3205 from being within six feet of another person to sharing the same indoor space with another person for 15 minutes or more, which further supports the findings. -30-
RESOLUTION NO. 21-87

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR

THE CONTINUATION OF VIRTUAL MEETINGS FOR ALL LEGISLATIVE BODIES WHEREAS, the Ralph M. Brown Act (Gov. Code§ 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and
WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361 ), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the Town of Hillsborough has considered the circumstances of the state of emergency; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a "close contact" defined as being within 6 feet of another under certain circumstances; and
WHEREAS, in order to continue to impose social distancing while holding in-person meetings there is a high likelihood that members of the public would not all be able to be present in the meetings spaces; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public until social distancing recommendations are no longer necessary; and
WHEREAS, the City Council of the Town of Hillsborough desires that all Town legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE BE IT RESOLVED that the City Council of the Town of Hillsborough hereby finds, determines, and resolves as follows:
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1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The City Council and all other legislative bodies of the Town of Hillsborough who are required to hold open and public meetings, shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council.

3. This resolution shall become effective upon adoption.

This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of October 2021, by the following vote of the members thereof:

AYES: Councilmembers Royse, Kralik, Chuang, Cole
NOES: Councilmembers None
-------------------
ABSENT: Councilmembers Ma
-~-----------------
ABSTAIN: Councilmembers None
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-32-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
6 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: MOTION TO OPT-OUT AND AUTHORIZE THE CITY MANAGER, OR HER

DESIGNEE, TO EXECUTE AN OPT-OUT LETTER IN THE PENDING CLASS ACTION CASE OF CITY OF LONG BEACH, ET AL. v. MONSANTO COMPANY, ET AL., UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO.: 2:16-CV-03493-FMOAS SUMMARY: Plaintiffs City of Long Beach, Mayor and City Council of Baltimore, City of Berkeley, City of Chula Vista, County of Los Angeles, City of Oakland, City of Portland, Port of Portland, City of San Diego, City of San Jose, and City of Spokane filed lawsuits against Defendant, Monsanto Company, in district courts in their respective jurisdictions. In their complaints, Plaintiffs asserted that Defendant manufactured a class of industrial chemicals called polychlorinated biphenyls ("PCBs") between the 1930s and 1977 and stated various causes of action against Defendant for alleged PCB-related impairments to the environment, including to water bodies. Plaintiffs alleged that PCBs are present at sites and public properties, including in stormwater, stormwater and wastewater systems, water bodies, sediment, natural resources, fish and wildlife. Plaintiffs sought compensatory damages and injunctive and equitable relief.

On March 14, 2022, the Court entered an order certifying the class action, and specifically certifying a Nationwide Class defined to include the Town of Hillsborough. The claims certified for class-action treatment include claims that Defendant's PCBs and PCB-containing products were defectively designed, that the risks of environmental harm associated with PCBs and PCBcontaining products outweighed the benefits of their uses, that Defendant failed to warn of the risks of harm associated with PCBs and PCB-containing products, and that Plaintiffs and the Settlement Class Members suffered property damage as a result of PCB contamination.

On May 9, 2022, the City Council authorized the initiation of litigation against Monsanto opting to sue independently from any pending class action. In authorizing litigation, the City Council opted to join the County of San Mateo and other cities in the County in independently suing Monsanto for PCB contamination. Because the City Council has opted to file an independent lawsuit, it will now need to opt out of the pending class action lawsuit. All cities that are a part of the class received notice by certified mail in late May or early June of 2022 indicating that cities could opt out or take a lump sum payment under the pending class action by doing nothing. Under the class action, the Town of Hillsborough would receive roughly $102,506.

FISCAL IMPACT: The City Council’s decision to opt out is not anticipated to cause any financial impact on the Town as the legal services arrangement will be on a contingency fee basis as detailed in the February 2022 City Council agenda item approving the legal services agreement. -33-
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July 11, 2022

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ENVIRONMENTAL ISSUES: The City Council’s action to opt out is not a project subject to the California Environmental Quality Act as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3).

ATTACHMENTS: None
PREPARED BY: Christopher J. Diaz, City Attorney
RECOMMENDATION: By motion, opt out and authorize the City Manager, or her designee, to execute an opt out letter in the pending class action case of City of Long Beach, et al. v. Monsanto Company, et al. United States District Court, Central District of California - Western Division Case No.: 2:16-cv-03493-FMO-AS.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
7 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A COST SHARING AGREEMENT WITH THE CITY OF BURLINGAME FOR THE PAVING OF SUMMIT DRIVE IN CONJUNCTION WITH THE BURLINGAME 2022 STREET

RESURFACING PROJECT
SUMMARY: The Cost Sharing Agreement is between the Town of Hillsborough (“Town”) and the City of Burlingame (“City”) for the upcoming paving of Summit Drive which is divided approximately at the centerline by the Town and City limit. This segment of Summit Drive, between Del Monte Drive and Burlingview Drive was identified during the design of the Burlingame 2022 Street Resurfacing Project.

City staff identified both sides of the street were in need of digouts, base repair and new asphalt sections. To take advantage of the economy of scale, City staff approached the Town about their willingness to include rehabilitation of the Town’s side of Summit Drive in the City’s project. The Town's contribution to the cost sharing agreement will include half of the traffic control, digouts, paving, striping, and third party inspection and testing costs. Construction is anticipated to begin in summer 2022.

FISCAL IMPACT: The estimated construction cost for this segment of the project is currently $159,000, including both the Town and City of Burlingame portions. Based upon the scope of work in the two cities, the Town contribution will be 50% of the total cost with the net cost to the Town being approximately $79,500, pending final construction costs for this segment of the project. This agreement will allow the Town to reimburse the City for the Town’s proportional shares of the total construction costs. Funding will be allocated from the approved Streets and Stormwater – Contractual General Operations Budget.

ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution

2. Cost Sharing Agreement
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute an agreement on behalf of the Town for the Cost Sharing Agreement with the City of -35-
Agenda Staff Report - Hillsborough City Council
July 11, 2022

Page 2 ends

Burlingame for paving of Summit Drive in conjunction with the Burlingame 2022 Street Resurfacing Project.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COST

SHARING AGREEMENT WITH THE CITY OF BURLINGAME FOR THE PAVING OF SUMMIT DRIVE IN CONJUNCTION WITH THE BURLINGAME 2022 STREET

RESURFACING PROJECT
WHEREAS, the Town of Hillsborough (Town) maintains the Town’s roadway system; and
WHEREAS, the City of Burlingame (City) identified Summit Drive between Del Monte Drive and Burlingview Drive as part of the Burlingame 2022 Street Resurfacing Project; and
WHEREAS, Summit Drive is divided approximately at the centerline by the Town and City limit; and
WHEREAS, the Town and the City desire to include needed improvements to this segment of Summit Drive (Project) as part of the Burlingame 2022 Street Resurfacing Project; and
WHEREAS, the Town and the City desire to enter into an Agreement to provide for the allocation of costs for construction and construction management of the Project; and
WHEREAS, based on the scope of work in the two cities, the Town contribution will be 50% of the total cost with the net cost to the Town being approximately $79,500, pending final construction costs for this segment of the project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Hillsborough does hereby approve and authorizes the City Manager to execute a Cost Sharing Agreement with the City of Burlingame for the paving of Summit Drive as part of the Burlingame 2022 Street Resurfacing Project.

Mayor of the Town of Hillsborough
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the July 11, 2022 by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
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ATTACHMENT 1
ABSTAIN: Councilmembers
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Page 1 of 7 ends

Cost Share Agreement – Paving Summit Drive

COST SHARING AGREEMENT FOR PAVING OF SUMMIT DRIVE IN

CONJUNCTION WITH THE BURLINGAME
2022 STREET RESURFACING PROJECT

BETWEEN THE CITY OF BURLINGAME,
AND

THE TOWN OF HILLSBOROUGH
This Cost Sharing Agreement For Paving Of Summit Drive In Conjunction with the Burlingame 2022 Street Resurfacing Project (“Agreement”) entered into by and among the CITY OF BURLINGAME, a municipal corporation in the County of San Mateo, State of California, hereinafter called “City”, and the TOWN OF HILLSBOROUGH, a municipal corporation in the County of San Mateo, State of California, hereinafter called “Town” (each a “Party” and collectively the “Parties”), and is made effective as of _________________, 2022 and is based on the following:

R E C I T A L S:

WHEREAS, the Parties desire to enter into an agreement to provide for the allocation of costs for construction and construction management of the application of a street resurfacing on Summit Drive in conjunction with the City of Burlingame 2022 Street Resurfacing Project (“Project”), as further described below, including staff costs, and to establish the roles and responsibilities of the parties for completion of construction and construction management, and to enter into this Agreement to establish those obligations; and,
WHEREAS, certain elements incorporated into the Project may provide benefit to only certain parties to this Agreement and each Party agrees to pay the full costs of elements which are to their sole benefit and to share the cost of those elements that are of mutual benefit; and,
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ATTACHMENT 2

Page 2 of 7 ends

Cost Share Agreement – Paving Summit Drive
WHEREAS, the portions of the Project of interest to the City are shown on Exhibit “A”, attached to and incorporated into this Agreement by this reference; and, WHEREAS, a detailed estimate of costs for construction, construction management, and design are shown on Exhibit “B”, attached to and incorporated into this Agreement by this reference.

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

Section 1. Definitions
The following definitions apply to terms used in this Agreement:
“Line-Specific Costs” means the actual cost of materials, labor and all associated incidentals to construct the improvements on Summit Drive, including the billings of the contractor and any design consultants.
“Shared Costs” means the costs of labor and materials that are for the mutual benefit of the Parties including traffic control, paving, supervision, and design work. “Project Costs” – includes all costs incurred by the Lead Agency specifically to implement and complete construction of the Project, including construction contractor costs, design consultant costs, and Staff Costs of the Lead Agency. In addition, Project Costs include any liability the Lead Agency incurs in prosecuting the Project and any claims adjusting, claims investigation, and costs incurred in defending claims (including reasonable attorney fees) brought by any contractor or third party for damages arising out of the prosecution of the Project.
“Lead Agency” – the agency responsible for performance of tasks required to implement and complete construction of the Project, or a portion thereof, on behalf of all Parties, -40-

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Cost Share Agreement – Paving Summit Drive
including tasks such as obtaining and overseeing construction contractors and professional services. The City shall be the Lead Agency for the Project. “Staff Costs” – the actual costs incurred by Lead Agency staff for hours spent in direct participation in activities to implement the construction of the Project.

Section 2. City of Burlingame 2022 Street Resurfacing Project The City performs an annual Street Resurfacing Project on various roadways in need of repair or treatment. Summit Drive is scheduled for resurfacing during the 2022 Street Resurfacing Project and has been selected for a mill and overlay treatment with pavement section repairs and installation of a geogrid. A portion of Summit Drive between Burlingview Drive and Belvedere Court is half within the jurisdictional boundary of the City and half within the Town. After that point, the roadway becomes within the jurisdictional boundary of the City and will be the fiscal responsibility of the City. In addition, any existing striping will be restored in kind. Existing striping to be replaced includes thermoplastic pavement markers, markings and striping in conformance with Caltrans Standards.

The improvements are shown on Exhibit “A”, and estimated costs associated with this construction are shown on Exhibit “B”.

Section 3. Party Responsibilities.

A. As Lead Agency, the City will prepare bid documents, conduct the public bidding process, award the contract for the Project, and cause the Project to be constructed, all in compliance with applicable law. The City will be the primary contact with the contractor who is awarded the contract, subject to the Town’s right to initiate change orders or other reasonable directives with respect to the Town’sline-specific work. To the furthest extent permitted by law, City shall issue a categorical exemption for the Project pursuant to Public Resources Code § 21000 et seq. and California Code of Regulations, Title 14, -41-

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Cost Share Agreement – Paving Summit Drive
Sections 15000 et seq. (collectively, “CEQA”). City shall include, in its contract with the contractor on the Project, a requirement that the contractor include Town, its officials, officers, employees and agents as additional insureds and indemnify, defend, and hold harmless the Town, its officials, officers, employees and agents from any liability, claims, demands, suits or actions which may be made by any person resulting from the Project.

B. The Town shall review the design documents, bid documents and contract to be awarded. Upon opening of the bids, the Town may decline to participate in the Project if costs exceed the Town’s expectations and may terminate this Agreement, with five business days’ written notice to the City. In the event of termination, the Town shall be responsible for its Line-Specific Costs which were incurred prior to termination. This Agreement is subject to Town obtaining authorization from its City Council for the expenditure shown in Section 4(C) below. The Town shall issue any categorical exemption or other CEQA notice which the Town may determine to be required for its line-specific work in addition to the categorical exemption noted in Section 3(A).

Section 4. Financial Participation
A. The City and Town shall each be responsible for the independent funding of its portion of the Project Costs.

B. Each Party shall pay its own Line-Specific Costs, which are estimated in Exhibit B.

In addition, the City and Town shall pay Shared Costs as identified in this Agreement and on Exhibit B. However, City and Town understand and agree that this is an estimate and total amounts will be unknown until the Project is completed. It is understood that the total sum to be reimbursed to the City by the Town shall be determined from the Project Costs reasonably incurred by the City to construct those certain improvements on behalf of the Town that do not exceed the Expenditure Limit approved by the Town’s Council.

C. The estimated fiscal obligation for work performed under this Agreement by the City on behalf of the Town is $79,500. (“Expenditure Limit”). If the Town’s share of the -42-

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Cost Share Agreement – Paving Summit Drive
Project Costs exceed the Expenditure Limit due to unforeseen conditions, the Town may seek further authorization from its Council for funding.

D. Either Party may make changes to its own line-specific work, provided that any additional costs incurred shall be solely borne by the Party making the change.

E. No additional work or changes to the Town’s scope of work shall be done without prior written authorization from the Town.

Section 5. Financial Commitments
A. The Town shall pay to the City the amounts calculated in accordance with Section 4 above. The City shall invoice the Town monthly for costs incurred during the calendar month preceding the invoice.

B. Fund deposits and payments for costs incurred for the Project shall be made directly and without offset for any other financial obligations of the Parties.

Section 6. Limitations
This Agreement shall not affect the allocation of costs for treatment, capital improvements, or other services under any prior agreement. The Parties shall continue to share costs for those services in accordance with the procedures set forth in prior agreements until they are amended or replaced. Except as modified herein, the terms of previous agreements shall continue in full force and effect.

Section 7. Indemnification
Each Party shall indemnify, defend and hold the other Party, its officials, officers, employees, agents, consultants and contractors free and harmless from any and all claims, -43-

Page 6 of 7 ends

Cost Share Agreement – Paving Summit Drive
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of the indemnifying Party, its officials, officers, employees, agents, consultants or contractors in the performance of the indemnifying Party’s obligations under this Agreement, including the payment of all reasonable attorneys’ fees.

IN WITNESS WHEREOF, the Parties hereto, by their duly authorized representatives, have affixed their hands on the day and year first above written.

BURLINGAME: CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010
__________________________________
Lisa K Goldman
City Manager
ATTEST:
___________________________
Meaghan Hassel-Shearer
City Clerk
APPROVED AS TO FORM:
___________________________
Michael Guina
City Attorney
HILLSBOROUGH: TOWN OF HILLSBOROUGH
1600 Floribunda Avenue
Hillsborough, CA 94010
__________________________________
Ann Ritzma
City Manager
ATTEST:
___________________________
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Page 7 of 7 ends

Cost Share Agreement – Paving Summit Drive
Lisa Natusch
City Clerk
APPROVED AS TO FORM:
___________________________
Christopher Diaz
City Attorney
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
8 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EPS INC. DBA EXPRESS PLUMBING FOR THE 2022 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT - PHASE 1C IN THE AMOUNT OF $2,832,750.00, WITH A 10% CONTINGENCY IN THE AMOUNT OF $283,275.00, FOR A TOTAL PROJECT BUDGET OF $3,116,025.00
SUMMARY: This project includes replacement and rehabilitation of approximately 11,000 linear feet of damaged and/or deteriorated sanitary sewer mains. The sewer segments are located both within street right of way and easement areas within the Town’s wastewater basin discharging to San Mateo Wastewater Treatment Plant. The project additionally includes rehabilitation of manhole structures and replacement of lower service laterals and cleanouts.

This project is the fourth phase of sewer rehabilitation work in this priority basin that was identified in a 2016 sewer evaluation study. Based on the review of sewer video inspection footage compiled in 2020-2021, approximately 21,000 linear feet of sewer pipes have been prioritized for replacement. To expedite repair and replacement of high priority segments, the project will be divided into two phases, phase 1C and 23A. This project, Phase 1C, includes replacement of 66 segments of undersized or damaged pipes that are mostly located in public utility easements on private property. Phase 23A will be designed for construction in the FY 2022-23 budget.

The project was designed by EKI Environment & Water, Inc. who also designed recently completed sewer projects. Completion of this project will result in a systemwide reduction in Infiltration and Inflow (I&I), reduce sanitary sewer treatment and maintenance costs, and reduce the need for downstream capacity improvements.

The project was publicly bid and advertised according to the Uniform Public Construction Cost Accounting Act. Seven construction companies showed interest in the project by purchasing the plan set and attending the pre bid meeting that was held on May 5, 2022. However, only two companies submitted bids for the project. It is likely the number of bidders were not as high as other previous projects with a similar scope due to extremely high demands for underground construction in the Bay Area and a shortage of skilled workforce.

The Town received the following two responsive bids:

Contractor
EPS Inc., dba Express Plumbing
D'Arcy & Harty Construction Inc.

Bid Prices
$2,832,750.00
$3,554,550.00
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Agenda Staff Report - Hillsborough City Council
July 11, 2022

Page 2 ends

The apparent low bid in the amount of $2,832,750.00 was submitted by EPS, Inc., dba Express Plumbing. The bid amount for this project is approximately 19% above the advertised engineering estimate of $2,375,000.00. Staff conducted an analysis of the bid submittal and determined that the bidder’s qualifications and experience levels are satisfactory to perform all work associated with this project.

FISCAL IMPACT: It is recommended that funding be allocated from the approved budget for the Priority Basins Inflow & Infiltration Program (#606.47), in the amount of $2,832,750.00, with a 10% contingency in the amount of $283,275.00 allocated for use, if needed, for a total allocation of $3,116,025. Sufficient funding remains in the budget for this project.

ENVIRONMENTAL ISSUES: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the California Code of Regulations.

ATTACHMENTS:

1. Resolution

2. Agreement
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution awarding to and approving and authorizing the City Manager to execute an agreement with EPS, Inc. dba Express Plumbing for the 2022 Sanitary Sewer Rehabilitation and Replacement Project Phase 1C in the amount of $2,832,750 with a 10% contingency in the amount of $283,275.00, if needed, for a total construction budget of $3,116,025.00.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH EPS, INC. FOR THE 2022 SANITARY SEWER REHABILITATION AND REPLACEMENT PROJECT - PHASE 1C IN THE AMOUNT OF $2,832,750.00, WITH A TOWN CONTROLLED 10% CONTINGENCY IN THE AMOUNT OF $283,275.00, FOR A TOTAL PROJECT BUDGET OF $3,116,025.00 WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s sanitary sewer system; and
WHEREAS, the capital improvement budget identified a project to evaluate and replace or rehabilitate deficient segments of pipe that were identified in the Town’s wastewater basin discharging to the City of San Mateo Wastewater Treatment Plant; and
WHEREAS, the 2022 Sanitary Sewer Rehabilitation and Replacement Project Phase 1C (“Project”) consists of replacing approximately 11,000 linear feet of sanitary sewer main lines and associated manholes, lower laterals, and cleanouts; and
WHEREAS, plans and specifications have been developed for improvements to the Town’s sanitary sewer system to repair the deficient pipe segments; and WHEREAS, the Project was publicly bid and advertised in accordance with the Uniform Public Construction Cost Accounting Act and the Town received two bids for the Project; and
WHEREAS, EPS, Inc. (“EPS”) was the lowest responsible bidder submitting a responsive bid in the amount of $2,832,750.00; and
WHEREAS, staff conducted an analysis of the bid and verified that EPS’s qualifications and experience levels are satisfactory; and
WHEREAS, funding will be allocated from the Priority Basins Inflow & Infiltration Program (CIP #606.47).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards and authorizes the City Manager to execute the contract on behalf of the Town with EPS, Inc. for the 2022 Sanitary Sewer Rehabilitation and Replacement Project Phase 1C in the amount of $2,832,750, and authorize a Town controlled 10% contingency in the amount of $283,275.00, if needed, for a total budget of $3,116,025.00, allocating funds from the Priority Basins Inflow & Infiltration Program (CIP #606.47)
Mayor of the Town of Hillsborough
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ATTACHMENT 1
Attest: City Clerk
This resolution was adopted by the City Council of the Town of Hillsborough at its regular meeting held on the 11th day of July 2022, by the following vote of the members thereof:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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61236.01300\33085886.1
-40- 00 52 13 – CONTRACT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Hillsborough, sometimes hereinafter called “Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

Sanitary Sewer Rehab & Replacement – Phase 1C
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 210 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
606.47 EPS, Inc., dba Express Plumbing Two Million Eight Hundred Thirty Two Thousand Seven Hundred Fifty 2,832,750.00 -51-
ATTACHMENT 2
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-41- 00 52 13 – CONTRACT
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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-42- 00 52 13 – CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF HILLSBOROUGH [INSERT NAME OF CONTRACTOR]
By: By:

Ann Ritzma
City Manager Its:

Printed Name:

ATTEST:

By:

Town Clerk
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
9 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AWARDING TO AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH R & A JANITORIAL SERVICE, LLC TO PROVIDE JANITORIAL

SERVICES FOR THE TOWN OF HILLSBOROUGH IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $82,983.76 PER YEAR FOR TWO YEARS
SUMMARY: R & A Janitorial Service, LLC is currently providing janitorial cleaning services to the Town of Hillsborough for janitorial services in the amount of $82,983.76. Their contract ends on August 1, 2022, and they provide janitorial services for Town Hall, Annex Building, Finance Department, Police Department, Public Works Corporation Yard, and the Police Substation.

Staff issued a Request for Proposal to six janitorial companies including R & A Janitorial Service LLC to obtain competitive prices.

Staff received four responses, with R & A Janitorial Service, LLC being the lowest responsible bidder. R & A submitted bids for each year at the same amount as proposed on the previous contract.

Name First Year Bid Second Year Bid
R & A Janitorial Services, LLC $82,983.76 $82,983.76
Universal Building Services $96,302.00 $98,420.00
Superior Building Maintenance $113,685.67 $118,232,95
Frank & Grossman Maintenance, Inc. $127,863.00 $131,697.00 FISCAL IMPACT: Funding will be allocated from the approved FY 2022-23 Janitorial Services budget.

ATTACHMENTS:

1. Resolution

2. Contract
PREPARED BY: Paul Willis, Director of Public Works
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Agenda Staff Report - Hillsborough City Council
July 11, 2022

Page 2 ends

RECOMMENDATION: Adopt the resolution awarding to and authorizing the City Manager to execute a contract with R & A Janitorial Service, LLC for janitorial services in the not-to-exceed annual amount of $82,983.76 per year for two years with the option of a one-year extension. -56-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AWARDING TO AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH R & A JANITORIAL SERVICE, LLC TO PROVIDE JANITORIAL

SERVICES FOR THE TOWN OF HILLSBOROUGH IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $82,983.76 PER YEAR FOR TWO YEARS
WHEREAS, the Town of Hillsborough (“Town”) provides janitorial services to Town Hall, the Annex building, the Finance building, the Police Department, Public Works, and the Police substation by contract; and WHEREAS, on May 18, 2022, staff issued a Request for Proposal in order to obtain proposals for janitorial services in accordance with the Town’s competitive solicitation procedures, including distributing the solicitation to six contractors authorized to perform janitorial services; and WHEREAS, the Town received four responses and R & A Janitorial Service, LLC (R&A) was the highest ranked respondent with a cost proposal in the notto-exceed amount of $82,983.76 for the first and second year with the option to extend the contract for one additional year; and WHEREAS, staff conducted an analysis of the response and verified that R & A’s qualifications and experience levels are satisfactory; and WHEREAS, funding will be allocated from the approved FY 2022-23 Janitorial Services budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby awards to and authorizes the City Manager to execute a contract with R & A Janitorial Service, LLC for janitorial services for the not-to-exceed amount of $82,983.76 per year for two years with the option to contract for one additional year, allocating funds from the approved FY 2022-23 Janitorial Services budget.

AYES: Councilmembers
NOES: Councilmembers
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ATTACHMENT 1
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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61236.01300\32826716.1
1 TOWN OF HILLSBOROUGH

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___ day of ___ 2022 by and between the Town of Hillsborough, a public agency organized under the laws of the State of California with its principal place of business at 1600 Floribunda Ave., Hillsborough, CA 94010 (“Town”) and R&A Janitorial Service, LLC, a PARTNERSHIP with its principal place of business at 170 Glenn Way, Suite 10, San Carlos, CA 94070 (“Contractor”). Town and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the Town on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Janitorial services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of Town. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Town. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

Town desires to engage Contractor to render such services for the Janitorial Service s (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Janitorial maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 15, 2022, to August 15, 2024, with the option of an additional year unless earlier terminated as provided herein. -59-
ATTACHMENT 2
61236.01300\32826716.1
2 Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, Town shall respond to Contractor’s submittals in a timely manner. Upon request of Town, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of Town.

3.2.4 Town’s Representative. The Town hereby designates John Iaquinto or Mark Harris, or his or her designee, to act as its representative for the performance of this Agreement (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Miguel Nava, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with Town staff in the performance of Services and shall be available to Town’s staff, consultants and other staff at all reasonable times.
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3 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance

3.2.8.1 Performance Time. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.

3.2.8.2 Force Majeure. Neither Town nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the Town. If Contractor disputes the Town’s decision, Contractor shall have such remedies as may be provided by law.
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4 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Town, Contractor shall be solely responsible for all costs arising therefrom. Town is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold Town, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours. The Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Subsubcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Town to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or -62-
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5 consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing Services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify Town against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the Town’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or Town to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees, volunteers and agents free -63-
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6 and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole established negligence, willful misconduct or active negligence of the Town, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Town, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, Town will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM; per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate -64-
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7 limit shall be twice the required occurrence limit; (2) Automobile Liability: AMOUNT $1,000,000 MINIMUM; combined single limit for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Town will be promptly reimbursed by Contractor or the Town may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Town may suspend or terminate this Agreement. (D) Additional Insured. The Town of Hillsborough, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the Town to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the Town of Hillsborough, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the Town, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the Town, before the Town’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the Town, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.2.11.3(A).
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8 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the Town, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the Town, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Town, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the Town, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the Town; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Town, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Town, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the Town, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Town, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. Contractor shall guarantee that, at the option of the Town, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. -66-
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9 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the Town that they have secured all insurance required under this Section. If requested by Contractor, the Town may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the Town shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Town.

3.2.11.8 Verification of Coverage. Contractor shall furnish Town with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Town if requested. All certificates and endorsements must be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the Town, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit” C” attached hereto and incorporated herein by reference. The total compensation shall not exceed $165,967.52 (one hundred sixty-five thousand nine hundred sixty-seven and fifty two cents) without written approval of Town’s Director of Public Works or his designee. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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10 3.3.2 Payment of Compensation. Contractor shall submit to Town a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Town shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by Town.

3.3.4 Extra Work. At any time during the term of this Agreement, Town may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by Town to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from Town’s Representative.

3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. -68-
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11 c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the Town. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. Town may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to Town, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

R&A JANITOIRAL SERVIVCE, LLC. 170 GLENN WAY, SUITE
10, SNA CARLOS, CA 94070. MIGUEL NAVA [
Town:

Town of Hillsborough
1600 Floribunda Ave.

Hillsborough, CA 94010
Attn: Mark Harris or John Iaquinto, Public Works
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12 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractorshall defend, indemnify and hold the Town, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of Town's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against Town or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost of any settlement paid by Town or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse Town and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Town, its officials officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Mateo County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Town.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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13 3.5.5 Town’s Right to Employ Other Contractors. Town reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Town include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the Town’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this -71-
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14 Agreement without liability. For the term of this Agreement, no official, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.

3.5.16 Town to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]
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15 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE TOWN OF HILLSBOROUGH

AND A&R JANITORIAL
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the __TH day of ____ 2022.

TOWN OF HILLSBOROUGH R&A JANITORIAL SERVICE, LLC.

By: By:

Ann Ritzma
City Manager Its:

Printed Name:

ATTEST:

By:

Lisa Natusche
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A-1
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EXHIBIT “A”

SCOPE OF SERVICES
The project area is located in the Town of Hillsborough, which is a small residential community (6.23 square miles) approximately four miles south of the San Francisco International Airport and approximately two miles north of SR 92, between Interstate 280 (I-280) and Highway 101 in San Mateo County, California.

The Town’s Administration Offices are located at 1600 Floribunda Avenue. They consist of the following:
 City Hall
 Finance Department
 Police Department
 Annex Building
The Town’s Public Work Offices are located at 1320 La Honda Road and consist of the following:
 Main Offices
 Staff Building/Lockers
 Lunch Building
 Health and Fitness Room
The Town’s Police Substation is located at 2327 Ralston and consists of the following:
 Police Station Offices
 Detailed Description of Each Office to Be Cleaned
This document provides detailed information regarding the number of each type of area to be maintained per office, as well as total square foot per area.

Detailed Description of Type of Cleaning for Each Area
This document provides detailed information regarding frequency of cleaning by type of cleaning for the areas.

Minor Repairs
The janitorial service provider may notice from time-to-time, or may be notified of, broken and/or poorly functioning items such as soap dispensers, paper towel dispensers and the like.

In such cases, the Town may request that the service provider conduct minor repairs or replacements. In such cases, the selected vendor shall provide the Town a cost estimate to do the repair or replacement. The cost estimate shall include labor, materials, administrative and travel costs (if applicable) and shall include shipping and tax, as applicable. Repairs or replacements shall not be done without written approval from the Public Works Superintendent or designee.
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Weekend and/or Special Events
The janitorial service provider may be asked from time-to-time to provide one-time extra cleaning after a special event. The special event may occur during the regular work week or during the weekend. Special events would typically occur at Town Hall. In such cases, the selected vendor shall provide the Town a cost estimate to provide one-time special event cleaning. The cost estimate shall include labor, materials, administrative and travel costs, as applicable. Approval for additional and/or special event cleaning shall be provided in writing by the Public Works Superintendent or designee.

Environmental Purchasing Policy and Recycling
The selected janitorial services provider shall adhere to the Town’s Environmental Purchasing Policy, provided as Exhibit D. The Town’s EPP requires the purchase of recycled and environmentally preferred products in order to conserve natural resources, reduce waste, improve worker safety and health, and to support the markets for recycled goods and other environmentally preferable products and services. The selected provider shall use environmentally friendly cleaning products, techniques and post-consumer recycled content consumables wherever feasible and practical. The selected provider shall work with the Town on a regular basis to make adjustments to cleaning products, techniques and consumables to reduce impacts on the environment and maintain healthy and chemical free workspaces.

Solid Waste Management, Recycling and Composting
The Town of Hillsborough recycles and composts. The selected service provider shall collect and handle recycling, compost and trash in a manner that keeps them separate and use specific liners in specific waste receptacles as required. Compost containers will require compostable bags that shall be provided by the janitorial service provider. The selected provider may be required to meet with Town staff and the Town’s waste hauler from time-totime to troubleshoot solid waste, recycling and/or compost handling/consolidation issues that may arise. The selected provider shall work with the Town and hauler to ensure that recycling and composting is handled in the correct and proper manner.

Pest Control and Integrated Pest Management Policy
The Town of Hillsborough has an Integrated Pest Management Policy and employs an IPM certified pest control contractor to control pests as needed. The selected janitorial services provider shall report any observed pest infestations to Town staff immediately for treatment by the IPM certified pest control contractor. The selected janitorial service provider shall not employ the use of pesticides of any kind in an attempt to treat or exterminate observed pests.

Background Checks
The selected service provider will be required to access and clean secure and confidential areas within the Town, including the Town’s police station. As such, the Town shall require service provider employees who service secure and confidential areas to pass a background check.
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Security
The Town maintains secure facilities and has security gates, locks, alarms and systems in place. The selected service provider will have access to security codes and keys to various facilities in order to service them. The selected service provider will be required to handle keys and codes confidentially and safely, and will be required to activate and deactivate alarms, unlock and lock doors, and open and close gates in such a manner that ensures that facilities are secure during service and upon departure.

Length of Agreement
The anticipated duration of the agreement will be for two years from date of execution, with the option for a one-year extension.

COVID RESPONSE AND CLEANING
Contractor must have experience sanitizing and cleaning for Covid. If an employee is exposed to Covid, there work area must be sanitized in a timely manner. -76-
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AREAS TO BE MAINTAINED BY FACILITY
Town Hall and Related Public Works Corporation Yard
1600 Floribunda Road 1320 La Honda Road
Town Hall Finance Police Annex* Main Building
Staff Buildings
Lockers Lunchroom
Heal
Fitne
ays/Week
eaned 5 5 7 5 5 5 5
umber of
mployees 14 6
30 (Avg.10‐12 per
shift) 0 12 11 5
quare Feet 7,288 850 5,664 900 2,103 1,857 362
orkstations 14 5 18 0 15 5 1
strooms 2 1 4 2 2 2 1
tchens 2 2 1 0 1 0
opy Rooms 1 1 1 0 1 0 0
bbies/
trance Way 1 1 1 0 0 0 0
cker Rooms 0 0 2 0 0 1 1
eeting/
aining Rooms 2 0 2 1 0 1 0
ouncil
ambers 1 0 0 0 0 0 0
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2 EXHIBIT “B”

SCHEDULE OF SERVICES

FREQUENCY OF MAINTEANCE
Exhibit C: Maintenance Type, by Frequency
TASK Daily** Weekly Monthly Annually As Needed
Restrooms
Fill soap, paper towels, toilet
paper, seat covers, sanitary
napkins and hand soap
X
Clean and disinfect faucets and
mirrors X
Wash and sanitize toilets, urinals
and sinks X
Clean and polish drinking
fountains X
Clean restroom partitions X
Mop restroom floors and sanitize X
Empty all trash receptacles X
Common and Office Areas
Check for issues and report to
Town Representative X
Vacuum all carpeting X
Sweep, mop and disinfect floors X
Detail and vacuum under desks X
Clean glass on lobby windows X
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3 Empty and re-line trash
receptacles X
Empty recycling and compos t
containers X
Spot clean walls X
Remove fingerprints and smudges
from walls, switch plates and glass
partitions X
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3 TASK Daily** Weekly Monthly Annually As Needed
Dust surfaces, windowsills and
counters X
Dust window blinds and door
frames X
Wipe ventilation grills X
Strip and recoat tile floors X
Secure all locks, turn off HVAC
and set alarms each visit X
Leave designated lights on X
Clean carpet X
Kitchen / Conference Areas
Wash/Wipe down sink area,
coffee pot, stovetop and
microwave
X
Wipe down all table and counter
tops X
Empty recyclables, compostables
and trash containers X
Sweep, mop and disinfect floors X
Clean refrigerator X
Locker Rooms
Clean mirrors X
Mop floors and sanitize X
Empty and re-line trash and
recycling receptacles X
Empty recycling containers
Council Chambers
Vacuum all carpeting X
Dust X
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**Daily means that the area is cleaned the maximum number of days scheduled for that site, as provided in Exhibit A: Facilities (e.g., Daily Cleaning for Water Building would be 3 days per week and Daily Cleaning for Town Hall would be 5 days per week)
TASK Daily** Weekly Monthly Annually As Needed
Empty trash, recycling and
compost receptacles X
Clean carpet X
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EXHIBIT “C”

COMPENSATION
Days/ Annual Costs**
week Year 1 Year 2 Total Cost
Town Hali
$20,820.00 $20,820.00 $41,640.00
Finance 3
$6,156.00 $6,156.00 $12,312.00
Police 7
$31,048.00 $31,048.00 $62, 096.00
Annex
$4500.00 $4500.00 $9,000.00
Main bldg. 3
$6840.00 $6,840.00
$13,680.00
Staff Bldg.
$5,939.76 $5,939.76 $11,879.52
Lunchroom bldg.
$4,500.00 $4,500.00 $9,000.00
FitnessandHealthbldg. 3
$1,380.00 $1,380.00 $2,760.00
Police Sub-Station
$1,800.00 $1,800.00 $3,600.00
Total cost
$82,983.76 $82,983.76 $165,967,52
**Cost shall include travel, labor, equipment, and cleaning s u p p l i e s . -83-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
10 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A SECOND AMENDMENT TO THE EXISTING CONTRACT WITH WRA

ENVIRONMENTAL CONSULTANTS FOR ADDITIONAL REGULATORY PERMITTING

COMPLIANCE AND CONSTRUCTION SUPPORT SERVICES FOR THE SANDRA HAYNE STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $169,500.00, FOR A TOTAL CONTRACT AMOUNT OF $270,550.00
SUMMARY: On August 13, 2018, the City Council awarded a contract for regularity permitting and CEQA documentation services to WRA Environmental Consultants (WRA) for the Sandra Hayne Storm Drain Replacement Project (“Project”) in the amount of $79,200.00, and approved an amendment on March 8, 2021 in the amount of $21,850.00. As part of this scope, WRA successfully prepared and obtained required environmental permitting applications, performed a biological assessment, and prepared the adopted a Final Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP).

The projects are now entering the construction phase and additional environmental support services are needed to comply with the California Environmental Quality Act (CEQA) and state permitting requirements. The scope of the additional support provides for pre-construction site clearance, contractor coordination and training, construction compliance monitoring, restoration oversight, compensatory mitigation monitoring plan and preparation, restoration, and monitoring and reporting for one year.

FISCAL IMPACT: The cost of the proposed additional services is $169,500.00, which would be added to the previously authorized contract sum of $101,050, for a total cost of $270,550.00. It is recommended that funding for this project be allocated from the approved FY 2022-23 Sandra Hayne Storm Drain CIP Budget (#805.47) in the amount of $169,500.00.

ENVIRONMENTAL ISSUES: Pursuant to California Environmental Quality Act (CEQA) Guidelines §15063, the Town of Hillsborough prepared an Initial Study to evaluate the potential adverse environmental effects of the Project. The Initial Study concluded that potential significant environmental effects could occur from project implementation in the following issue areas: air quality, biological resources, cultural resources, hazards and hazardous materials, hydrology and water quality, noise, transportation, tribal cultural resources, utilities and service systems, and wildfire. However, mitigation measures were identified that would reduce these potential impacts to less-than-significant levels. The City Council adopted the Final IS/MND at the January 11, 2021 City Council meeting.

ATTACHMENTS:
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Agenda Staff Report - Hillsborough City Council
July 11, 2022

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1. Resolution

2. Contract
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION: Adopt the resolution approving and authorizing the City Manager to execute a second amendment to the existing contract with WRA Environmental Consultants for additional regulatory permitting compliance and construction support services for the Sandra Hayne Storm Drain Repair Project in the amount of $169,500.00 and for a total contract amount of $270,550.00.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO THE EXISTING CONTRACT WITH WRA ENVIRONMENTAL

CONSULTANTS FOR ADDITIONAL REGULATORY PERMITTING COMPLIANCE AND

CONSTRUCTION SUPPORT SERVICES FOR THE SANDRA HAYNE STORM DRAIN REPAIR PROJECT IN THE AMOUNT OF $169,500.00, FOR A TOTAL CONTRACT AMOUNT OF $270,550.00.

WHEREAS, the Town of Hillsborough (“Town”) maintains the Town’s storm drain system; and
WHEREAS, on August 13th, 2018, the City Council approved a contract for environmental support services for the Sandra Hayne Storm Drain Repair Project (“Project”) to WRA Environmental Consultants (“WRA”); and WHEREAS, on March 8th, 2022, the City Council approved a first amendment to the contract for environmental support services necessary for the Project to comply with California Environmental Quality Act (“CEQA”) and State regulatory permitting requirements; and
WHEREAS, the Project is in construction and environmental construction support services are necessary to comply with California Environmental Quality Act (“CEQA”) and State regulatory permitting requirements; and WHEREAS, staff is recommending that the City Council approve a second amendment to the original agreement in order for the Town to obtain additional environmental construction support services in the amount of $169,500.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough hereby approves and authorizes the City Manager to execute a second amendment to the existing contract with WRA Environmental Consultants for additional regulatory permitting compliance and construction support services for the Sandra Hayne Storm Drain Repair Project in the amount of $169,500.00 and for a total contract amount of $270,550.00.

AYES: Councilmembers
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ATTACHMENT 1
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES
THIS AMENDMENT No. 2 is made as of the day of ______________, 2021, by and between the TOWN OF HILLSBOROUGH (hereinafter referred to as "TOWN") and WRA Environmental Consultants (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, the TOWN and the CONSULTANT, previously entered into that certain Contract for Professional Services dated September 13, 2018 (“Agreement”) for the Regulatory Permitting for the Sandra-Hayne Culvert Replacement Project (“Project”); and WHEREAS, the TOWN and the CONSULTANT, amended said Contract for Professional Services on June 30th, 2022; and
WHEREAS, the TOWN and CONSULTANT desire to amend said Contract a second time in order to modify the scope of services and compensation for the Project.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Section 2, Scope of Service, is hereby amended to read as follows:
“The scope of the CONSULTANT’s service shall be as set out as described in Exhibit “B”, Exhibit “B-1”, and Exhibit “B-2” attached hereto.”

2. Second Paragraph of Section 9, Compensation, is hereby amended to read as follows:
“Notwithstanding the forgoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of two hundred seventy thousand five hundred fifty dollars, ($270,550), marked in Exhibit “B” ($79,200), Exhibit “B-1” ($21,850), and Exhibit “B-2” -89-
ATTACHMENT 2

Page 2 of 2 ends

($169,590).

3. Except as otherwise specifically set forth in this Amendment No. 2, all of the provisions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers as of the day and year first above written.

TOWN OF HILLSBOROUGH
By: Ann E. Ritzma
___________________________
City Manager
Approved as to form:
___________________________
City Attorney
WRA, Inc.

By: ___________________________
Title: ___________________________
By: ___________________________
Title: ___________________________
Attachments:

Exhibit "B” – Consultant Proposal 07-05-2018
Exhibit "B-1" – Consultant Proposal Change Order 01-27-2021 Exhibit "B-2" – Consultant Proposal Change Order 06-29-2022 -90-
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2169-G East Francisco Blvd, San Rafael, CA 94901 (415) 454-8868 [email protected] www.wra-ca.com

CHANGE ORDER

CEQA COMPLIANCE AND REGULATORY PERMITTING FOR THE
SANDRA – HAYNE CULVERT REPLACEMENT PROJECT
Prepared for:

Town of Hillsborough
c/o Natalie Gribben
1600 Floribunda Avenue
Hillsborough, CA 94010
January 27, 2021
WRA Project No. 27171-2

PURPOSE
The purpose of this Change Order is to document additional work not included in WRA’s CEQA scope of work modified on 7/25/2018. The additional work includes unanticipated time required to respond to comments on the draft MND, and to prepare a staff presentation, report, and resolution for the City Council meeting during which time the MND and MMRP were adopted. It also includes labor for attending the City Council meeting, preparing a Habitat Restoration and Monitoring Plan that is required as a permit condition for the 404 permit for the U.S. Army Corps of Engineers and the Streambed Alteration Agreement for California Department of Fish and Wildlife (CDFW). Finally, this Change Order includes time and the cost of filing fees for preparing and filing the Notice of Determination (NOD) within five days of project approval.

ADDITIONAL WORK PRODUCTS
• Staff report for adoption of the MND and MMRP
• City Council resolution for adoption of the MND and MMRP • Presentation for City Council Meeting
• Habitat Restoration and Monitoring Plan
• Notice of Determination

ADDITIONAL SCOPE OF WORK
In addition to the original Scope of Work, the following tasks have been completed, or are in progress.

Task 2g: Prepare Final IS/MND/ Response to Comments
This task includes reconciling funds to meet the updated Project needs, response to comments and completion of the Final IS/MND and MMRP. Following completion of the 30-day public review period, WRA responded to agency and public comments submitted on the Draft IS/MND and prepared the Final IS/MND and MMRP. Following completion of the 30-day public review period, one detailed comment EXHIBIT B-1 - Consultant Proposal Change Order -100-
Change Order 2 Sandra-Hayne Culvert Replacement Project — Project # 27171-2 — January 2021 2 letter was submitted by a neighboring property owner. WRA responded to all public comments submitted on the IS/MND. Approximately 20 hours of additional time for response to comments was needed to respond to comments. WRA typically assumes responses to comments will not exceed 20 hours.

However, for this project preparing responses to comments has exceeded 40 hours.

Within five days of project approval (anticipated in spring, 2022) WRA will also prepare and file the Notice of Determination (NOD) with the San Mateo County Clerk. WRA will pay the filing fees required by the County Clerk and CDFW (currently $2,530) and request reimbursement from the Town for these costs.

Task 8: Prepare a Habitat Restoration and Monitoring Plan The Corps regulatory permit conditions for approval will require a habitat restoration and monitoring plan (HRMP) for the stream and riparian areas. Additionally, the Draft Streambed Alternation Agreement (SAA) submitted by California Fish and Wildlife (CDFW) requires that a 5-year restoration monitoring program by developed and implemented based on Conditions 3.8 and 3.9. WRA will prepare an HRMP that addresses the habitat impacts, the monitoring methods, and the success criteria necessary to demonstrate that the restoration is successfully achieved. This task includes time to write a brief memorandum style plan as well as time for agency correspondence to obtain approval of the HRMP within the time allotted within this scope and budget.

New Task: Assistance with preparing staff presentation and resolution to adopt the MND and MMRP, attendance at City Council Meeting
Dr. John Baas provided support to Town staff by preparing draft versions of the staff report and resolution.

New Task: Prepare for and attend the City Council Meeting Dr. Baas also prepared and revised the presentation that summarized the key findings of the MND and MMRP, and attended the January 11, 2021 City Council meeting.

SCHEDULE
WRA will file the NOD within 5 days of project approval. The project is expected to be approved in spring, 2022.

STAFFING
Geoff Smick will be the principal in charge of the project. John Baas will be the project manager. Other staff will be assigned to the project as necessary.

ESTIMATED COST
The estimated cost for the services described in this Change Order is provided below. This cost is based on the assumptions in the original Scope of Work. Costs may be reallocated between tasks, but the total cost will not be exceeded without authorization.
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Change Order 2 Sandra-Hayne Culvert Replacement Project — Project # 27171-2 — January 2021 3 Task Cost
Task 2g. Prepare Final IS/MND/ Response to Comments, NOD and filing fees $12,400 New Task. Assistance with staff report and resolution to adopt MND and MMRP
$ 2,225
New Task. Prepare presentation and attend January 11, 2021 City Council meeting
$2,225
Total: $21,850

TERMS AND CONDITIONS
This Change Order is subject to WRA’s Standard Terms and Conditions as incorporated in the original Scope of Work, dated July 25, 2018.
(Approval / Signature Page Follows)
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Change Order 2 Sandra-Hayne Culvert Replacement Project — Project # 27171-2 — January 2021 4 APPROVAL TO PROCEED
To authorize WRA’s services and to signify their mutual intent to be legally bound by this Change Order, authorized representatives of the parties hereby execute this agreement, effective upon the date when both parties have signed below.

For Client
____________________________________________________________ _________________ Signature Date
____________________________________________________________ Printed Name and Title
____________________________________________________________ Email Address
Billing Information:
__________________________________________________________________________________ Name and Email (if different from above)
For WRA
____________________________________________________________ _________________ Signature Date
____________________________________________________________ Printed Name and Title
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2169-G East Francisco Blvd, San Rafael, CA 94901 (415) 454-8868 [email protected] www.wra-ca.com

SCOPE OF WORK AND ESTIMATED COST

CONSTRUCTION PHASE ENVIRONMENTAL SERVICES FOR SANDRA-HAYNE STORM DRAIN

REPLACEMENT PROJECT
Prepared for:

Town of Hillsborough
c/o Natalie Gribben, PE
Department of Public Works
1600 Floribunda Ave.

Hillsborough, CA 04010
WRA Project No. 27171
June 29, 2022

PURPOSE
The purpose of this Scope of Work is to provide environmental consulting services for the construction and post-construction phases of the Sandra-Hayne Storm Drain Replacement Project (Project) for the period starting approximately June 1, 2022 through December 30, 2023. The construction phase is underway. Bid- and pre-construction services were provided under a separate task order as a subcontractor to EKI.

WORK PRODUCTS AND SERVICES
• RFI, change order and submittal review comments
• Project management and agency coordination
• Restoration construction oversight
• Record drawings
• HRMP Annual Report – Year 1

SCOPE OF WORK
Task 1: Project Management and Permitting
Task 1A: Project Management
This task includes time for general project management, which may be spent as determined necessary and at the direction of the client and project team. Time is included in this task for project coordination, correspondence, minor agency coordination (resume submission, report submission, etc.), schedule tracking, monthly invoicing, and other similar duties.

Task 1B: Tree Removal Coordination
EXHIBIT "B-2" - Consultant Proposal Change Order
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Scope of Work and Estimated Cost Sandra-Hayne — 27171 — June 29, 2022 2 The California Department of Fish and Wildlife (CDFW) and the San Francisco Bay Regional Water Quality Control Board (RWQCB) regulate streams and stream-associated (i.e. riparian) vegetation; authorization from both of these agencies must be obtained to temporarily and/or permanently impact riparian vegetation. Based on the tree removal plan prepared for the project by the contractor, more riparian trees may need to be removed than what which was authorized by CDFW and the RWQCB.

Authorization from both agencies is needed before these additional riparian trees can be removed.

Under this task, WRA will meet with the contractor and visit the site to confirm which trees need to be removed and identify any tress which were not surveyed originally. WRA will determine which trees proposed for removal will need additional CDFW and RWQCB approval and provide details to each agency on the size, species, health, and location of the additional trees. WRA will then coordinate with each agency to ensure timely review of the additional tree removal proposed by the project and answer any questions the agencies may have.

The following assumptions apply to this task:
• CDFW and the RWQCB may authorize the additional riparian tree removal via permit amendments. If this is the case, the Town will be responsible for paying any associated application fees.
• Modifying the planting plan to address any mitigation for additional riparian tree removal is not included at this time.
• Project management assumes a project duration of 19 months (June 2022 – December 2023) Task 1C: Wildlife Services
This task includes preparation, submission, and execution of the San Francisco Dusky-Footed Woodrat Plan as required by the California Department of Fish and Wildlife Streambed Alteration Agreement (Notification No. 1600-2020-0147-R3) Measure 2.36.

Task 2: Restoration Construction-phase Services
Task 2A: Submittal Reviews, Change Orders and RFIs
• Review and respond to 18 submittals and 6 resubmittals (creek bypass plan, imported soil materials, seeds and plants, irrigation system components, imported rock, erosion control, surveys, tree removal plan, dust control plan, SWPPP, project schedule, dewatering plan, invasive species treatment plan, record drawings, submittal schedule and 3 additional) • Review and respond to 3 RFIs
• Create 1 change order
• Review payment requests related to our design elements Task 2B: Restoration Observations
WRA will provide construction observation and administration services during the first part of the construction phase of the Project, which is assumed to be from June 27 through September 7. The schedule indicates construction staking starting June 23 and creek channel improvements from July 11 through August 29 (7 weeks). Targeted site visits will be conducted to provide information to the contractor regarding the interpretation of the contract drawings and specifications at critical junctures in the implementation process, during creek bypass, tree protection, step pool construction, and landscape installation. We will review the contractor’s work to see if it is being performed in accordance with the -105-
Scope of Work and Estimated Cost Sandra-Hayne — 27171 — June 29, 2022 3 contract drawings and specifications. It is our understanding the palm trees are being removed and replaced with something different, not protected and replaced.

We will attend weekly construction team meetings when we are present onsite for observations but it is assumed we will only attend some of the meetings (which are not being held remotely). For each site visit we will prepare a field report and take photos to document work progress. The list below summarizes the work included in this task:
• Engineer inspection of construction staking and removal of trees plus pre-construction photo monitoring (1 site visit)
• Construction observation, including 21 site visits (3 days a week for 7 weeks) • Landscape architect inspection of landscape work and irrigation system (2 days) • Engineer punch list inspections (2 site visits)
The following assumptions apply to this task:
• The contractor will be competent at installing step pools • Total 24 Engineer visits, 2 landscape architect site visits Task 3: Post-construction Agency Reporting
Under this task, WRA will prepare and submit a post-construction report to the RWQCB (Condition 12), Corps (Special Condition 5), and CDFW (Reporting Measure 3.3). The post-construction report will include the record drawings scoped under Task 6B, below. The purpose of the report will be to document completion of the Project in conformance with the construction drawings and resource agency permit conditions. Any significant deviation from the design plans will be presented and discussed.

WRA will continue to serve as a primary point of contact for the Project with the federal and state regulatory agencies, including the U.S. Army Corps of Engineers (the Corps), the U.S. Fish and Wildlife Service (USFWS), and the San Francisco Bay Regional Water Quality Control Board (RWQCB). Under this task, WRA will prepare and submit the post-construction notices as required by the Project’s permits.

Task 4: Record Drawings
WRA will prepare record drawings in CAD showing areas of actual disturbance in construction and asbuilt conditions for the Project, for submission to the RWQCB (Condition 12 and 13). The record drawings will be based on a post-construction topographic survey and an approved submittal of marked-up record drawings provided by the contractor. The as-built data will serve as the baseline information for performance monitoring and reporting. The record drawings will be provided in CAD and pdf format.

Task 5: Habitat Restoration and Monitoring Plan – Year 1 The project’s Habitat Restoration and Monitoring Plan (HRMP; WRA 2022) requires yearly monitoring and reporting. Replacement plantings are required to be installed if native riparian planting survival drops below 80% within the first three years following construction completion. Also the Contractor has performance criteria to meet in the bid package regarding revegetation and invasive species control.

WRA will carry out the monitoring and reporting for the Year 1 annual restoration and monitoring report (RWQCB Condition 18; CDFW Reporting Condition 3.9) as described in the HRMP. The Year 1 monitoring requirements are as follows:
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Scope of Work and Estimated Cost Sandra-Hayne — 27171 — June 29, 2022 4 • Spring and Summer (1 landscape architect, 2 visits):
o Site inspections to assess maintenance needs, irrigation effectiveness, vegetation establishment and
o invasive species control.
• Summer/ Fall (2 engineers and 2 landscape architects, 1 visit):
o Monitor native planting survival and percent cover
o Measure relative percent cover of target invasives
o Monitor channel stability
o Photo documentation at permanent photo points established pre-construction Year 1 monitoring will be conducted the first year following project implementation (2023). A report summarizing the results of Year 1 monitoring will be prepared by WRA and submitted to agencies before January 31 of the following year (2024).

The monitoring will also be timed to check on the Contractor’s performance under the 1-year warranty period. WRA will report back to the Town in Spring, Summer and Fall 2023 on the Contractor’s progress in meeting the performance criteria.

The following assumptions apply to this task:
• The Contractor is responsible for maintaining and irrigating plantings and invasive species treatments the first year after construction.
• This task only includes Year 1 monitoring. WRA will submit a separate change order to the Town at a later date for the Year 2 through Year 5 monitoring required by the HRMP.

Task 6. Supplemental Services (Optional)
This task includes budget for supplemental services that could arise during construction that were not anticipated, and could include:
• Detection of cultural resources on site during construction activities • Aquatic species rescue if the creek is not dry
• Observation of Special-Status Species during construction, which could necessitate development of a Mitigation and Monitoring Plan, Relocation, and/or Protection Plan(s) and coordination with the appropriate regulatory agencies to determine the appropriate path forward for the Project. • Excessive submittal reviews or construction observations due to an inexperienced contractor The scope and budget under this task will be negotiated with the Town and will not be billed until approved in advance in writing by the Town.

SCHEDULE
Work can begin upon execution of this Scope of Work. It is our understanding that construction will end with landscaping in October and demobilization planned for November 2022.

STAFFING
Jenn Hyman, PE will be the principal in charge of the Project. Andrew Smith, PE will be the project manager and project engineer. Liz Allen will be the permitting lead. Other staff will be assigned to the project as necessary.
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Scope of Work and Estimated Cost Sandra-Hayne — 27171 — June 29, 2022 5 ASSUMPTIONS
The following assumptions have been made in the preparation of this Scope of Work:
• WRA will not be responsible for noise monitoring. WRA may subcontract this task upon request by the client.
• WRA will not be responsible for SWPPP implementation or monitoring. • WRA will not be responsible for daily construction inspections or construction management; this will be the responsibility of the Town staff.
• Any previous correspondence between the client and government agencies that relate to biological issues for the project will be provided to WRA. • Any biological survey, assessment, or other reconnaissance is dependent on current conditions, and the biological data obtained may not be accurate or applicable in subsequent years. • WRA cannot guarantee schedules or costs for actions taken by regulatory and other third-party entities with authority to approve project activities, as these actions are outside of WRA’s control. • Cherry Creek will be dry and devoid of aquatic habitat that would necessitate a fish rescue. • No biological monitoring will be required during construction or during riparian vegetation protection fencing installation.
• Annual reports for post-construction Years 2-5 required by the project’s HRMP will be addressed in a future task order.

Except where noted, all tasks are based on billing on a time and materials basis, in accordance with our 2022 Standard Rate Sheet, attached with 4% rate increases assumed for 2023 rates.

ESTIMATED COST
The estimated cost for the services described in this Scope of Work is provided below. This cost is based on the assumptions above and normal working conditions. Costs may be reallocated between tasks, but the total cost will not be exceeded without authorization.

Task Cost
Task 1. Project Management and Permitting $ 28,300
Task 2. Restoration Construction-Phase Services $ 91,000 Task 3. Post-Construction Agency Reporting $ 900
Task 4. Record Drawings $ 4,500
Task 5. Post-Construction Services $ 24,800
Subtotal $ 149,500
Task 5. Supplemental Services (Optional) $ 20,000
Total: $169,500

TERMS AND CONDITIONS
This Scope of Work is subject to the Terms and Conditions of the Contract for Professional Services between the Town and WRA dated September 15, 2018.
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
11 CONSENT CALENDAR

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING THE FILED APPLICATION FOR FUNDING

ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION ONE BAY AREA GRANT 3 AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO

COMPLETE THE PROJECT
SUMMARY: The City/County Association of Governments of San Mateo County (C/CAG) announced a Call for Projects for the Metropolitan Transportation Commission (MTC) One Bay Area Grant 3 (OBAG 3) County & Local Program. Funding is available for projects through a competitive Call for Projects process, co-administered by C/CAG and selected by MTC in coordination with C/CAG and the other Bay Area County Transportation Agencies (CTAs) in the Bay Area. MTC is responsible for the call for projects oversight and final project selection. The One Bay Area Grant (OBAG) program is the policy and programming framework for investing federal Surface Transportation Block Grant Program (STP), Congestion Mitigation and Air Quality Improvement (CMAQ), and other funding programs throughout the San Francisco Bay Area. The MTC established the OBAG program in 2013 to strengthen the connection between transportation investments and regional goals for focused growth in Priority Development Areas (PDAs); places near public transit that are planned for new homes, jobs, and community amenities.

Approximately $32.6 million in OBAG 3 funding is available for project nominations and $900,000 for Measure M Safe Routes to School funding for San Mateo County. The OBAG 3 Program funding will be available over a four-year horizon, from FY 2022-23 through FY 2025-26. Eligible projects must focus investments in Priority Development Areas (PDAs) and incorporate recent policy initiatives such as regional safety/vision zero policies and other strategies from Plan Bay Area 2050 and addresses federal programming requirements.

OBAG 3 Program Principles are:
• preserve effective program features from prior OBAG cycles to support regional objectives. • Strategically advance Plan Bay Area 2050 implementation through OBAG investments and policies.
• Incorporate recent MTC policy initiatives and adapt to the current mobility landscape. • Advance equity and safety through policies and investments. • Address federal planning and programming requirements. • Coordinate with complementary fund sources to develop a comprehensive regional investment strategy.

The Town of Hillsborough filed an application on July 1, 2022 for $1,000,000 in funding assigned to MTC for programming discretion for Hillsborough Street Resurfacing Project (project year to still be determined). The project proposes to resurface major stretches of roadway through the Town of -109-
Agenda Staff Report - Hillsborough City Council
July 11, 2022

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Hillsborough and improve the striping and signage along these routes. The segments include Chateau Drive and Ralston Avenue (from Provident Drive to Pepper Avenue) and Sharon Avenue and Forest View Avenue (from Floribunda to Geri Lane and Newhall Road. The goal of the project to support Safe Routes to School, encourage bicycle and pedestrian transit, and to improve the conditions of the roadway by maintenance rather than reconstruction which would significantly costs and reduce construction impacts to the public.

As part of this application, the MTC requires a resolution from the City Council supporting the Project and application for $1,000,000 in funding, including the commitment of local match funds in the amount of $200,000 or 20% of the awarded funding amount by January 31, 2027. The resolution must be submitted in conjunction with the application. This resolution would be provided as follow up to the application submitted on July 1 upon authorization.

FISCAL IMPACT: It is recommended that a match in amount of $200,000 or 20% of the awarded funding allocated from the General Fund be committed for this application by January 31, 2027 or sooner. A budget amendment will be brought to the City Council at the time that the RFP is awarded.

ENVIRONMENTAL ISSUES: The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment. The proposed action is also exempt from CEQA under CEQA guideline 15301 as the project would involve the resurfacing/maintenance of existing street facilities in Town.

ATTACHMENTS: Resolution
PREPARED BY: Paul Willis, Director of Public Works
RECOMMENDATION: Adopt the resolution authorizing the filed application for funding assigned to the Metropolitan Transportation Commission One Bay Area Grant 3 and committing any necessary matching funds and stating assurance to complete the project. -110-
RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO

METROPOLITAN TRANSPORTATION COMMISSION AND COMMITTING ANY

NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE

THE PROJECT
WHEREAS, the Town of Hillsborough (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $1,000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING for the Hillsborough Street Resurfacing Project (herein referred to as PROJECT) for the One Bay Area Grant 3 (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
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WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, the as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
• the commitment of any required matching funds; and
• that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
• that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and • the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
• that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and
• that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
• that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and
• in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and
• in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and WHEREAS, APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
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WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED by that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further resolved that:

1. APPLICANT will provide any required matching funds.

2. APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING.

3. APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT.

4. PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP.

5. APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application.

6. PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM. -113-

7. APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects.

8. APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT.

9. There is no legal impediment to APPLICANT making applications for the funds.

10.There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT.

11.APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution.

12.A copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application.

13.MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
12 PUBLIC HEARING

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: CONCEPTUAL REVIEW OF THE SUBDIVISION OF 85 FAGAN DRIVE AND ADJACENT VACANT LOT (APN 027-330-630) INTO THREE PARCELS AND DEDICATION OF

PUBLIC RIGHT-OF-WAY
SUMMARY: On May 16, 2022, the Town received a Conceptual Plan application to subdivide 85 Fagan Drive and the adjacent vacant lot (APN 027-330-630) into three lots. The proposed subdivision also includes an extension of Fagan Drive to be offered as dedication of public right-ofway.

The relatively flat properties are located at the end of the Fagan Drive cul-de-sac. 85 Fagan Drive is a 2.18 acre parcel that contains a single-family residence and the adjacent 0.90 acre vacant lot contains an existing well, shed, tanks and water lines that provide irrigation to both parcels. The proposed subdivision would result in three parcels:

1. Parcel A: Proposed at 1.66 acres and would retain the existing home and associated improvements along with the existing driveway; and

2. Parcel B: Proposed at 0.58 acres and would be vacant and suitable for a future home with independent driveway access off of Fagan Drive; and

3. Parcel C: Proposed at 0.68 acres and would retain the existing well, shed, tanks and water lines.

This lot would be vacant and suitable for a future home with independent driveway access off of Fagan Drive.

The conceptual plan indicates a fourth parcel, Parcel D, which represents an extended area of Fagan Drive proposed at 0.19 acres and would be offered as dedication of public right-of-way. This extension allows proposed Parcel A, B, and C to meet the minimum lot frontage requirements and provides better access for utility service to the properties from the public right-of-way.

In September 1967 the Fagan Estates Subdivision was approved and recorded. The subdivision consisted of 21 roughly half-acre lots and one 2.5-acre lot. In August 2006 a previous owner merged lots 17 (.58 acre) and 18 (2.5 acre) into one parcel creating the current 3.08-acre parcel. In July 2020, the owners subdivided the property back into two lots, essentially returning the property to a configuration similar to the original 1967 Fagan Estates Subdivision design. The current property owners are now requesting to subdivide these two properties into three and extend Fagan Drive as public right-of-way.

DISCUSSION
Hillsborough Municipal Code (HMC) section 16.16.020 requires Conceptual Review of all proposed subdivision projects. This preliminary review of proposed subdivisions is intended to facilitate -115-
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July 11, 2022

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optimum subdivision design, reduce unproductive effort by all parties, and bring about a better result for applicants, Town residents and the City Council. The process provides a forum for citizens and the City Council to provide preliminary feedback on issues relating to the subdivision’s design and potential environmental issues. This conceptual review is step one in a multi-step subdivision map approval process and does not constitute final approval of the proposed subdivision. Per the California Subdivision Map Act and HMC Sections 16.16.010.B and

16.16.060, a Tentative and Final Parcel map must be submitted to the City Engineer and reviewed by the City Council in advance of any final subdivision approval.

The proposed subdivision meets all requirements of the State of California Subdivision Map Act and the Town’s Subdivision Ordinance for lot design, access, topography and future building site.

Details on each lot are outlined in the table below:

Average
Slope (%)
Minimum
Required Lot
Size (Acres)
Proposed
Lot Size
(Acres)
Maximum
Allowed
Floor Area
(SF)*
Existing
Floor Area
(SF)
Parcel A 12.9 0.557 1.66 15,202.4 14,495
Parcel B 13.5 0.580 0.58 6,316.2 N/A
Parcel C 12.0 0.552 0.65 7,078.5 N/A
*The total covered floor area shall not exceed twenty-five percent of the net lot area for the first acre plus fifteen percent of the net lot area over one acre. Per HMC Section 17.32.030.

While not required, the applicant has also prepared a conceptual site plan for proposed Parcel B and C, which is included as Attachment 1 to the staff report. Note that the houses are shown in concept only, intended to illustrate that a future new home on the site could meet the minimum development standards required by the Municipal Code. The actual design of any future new home would be subject to review and approval by the Town’s Architecture and Design Review Board (ADRB).

As proposed, the water line and associated facilities would be located in an easement on Parcel C and would be a reservation from the grant deed when Parcel C is sold. In addition, a joint maintenance agreement (or similar) would be created to outline the maintenance responsibilities of the water facilities between Parcel B and C.

The City Engineer notes that the proposed lot would comply with all other subdivision standard requirements, as outlined in HMC Chapter 16.28, and the new driveway would not cause a traffic concern. Per HMC Section 16.28.020.B, should a future house be constructed on Parcel B or Parcel C, the developer of that project would be required to construct new sewer and water services to the Town mains. The developer would also be responsible for paying all development charges, including sewer and water capital fees.

Public Comment letters received before 5:00 p.m. on Wednesday, July 6, 2022 are included as Attachment 5 to the staff report. The public comment letters primarily expressed concerns over the subdivision process, cul-de-sac layout, safety, property value, existing and proposed utilities, neighborhood, and assurances that public comment is heard. Any public comment received after -116-
Agenda Staff Report – Hillsborough City Council
July 11, 2022

Page 3 ends

5:00 p.m. on Wednesday, July 6, 2022 and prior to 4:00 p.m. on Monday, July 11, 2022 will be emailed to the City Council and posted on the Town website.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: The project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemption Section 15315 Minor Land Divisions.

ATTACHMENTS:

1. Conceptual Plan

2. Slope Density Exhibit

3. CEQA Determination Letter

4. Applicant Letter to City Council

5. Public Comment
PREPARED BY: Natalie Gribben, Senior Civil Engineer
RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Per HMC Section 16.16.060, the City Council shall provide preliminary comment on the Conceptual Plan.
-117-

PROJECT TEAM

SITE INFORMATION

SITE PLAN

SHEET INDEX

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
9 VICINITY MAP
SITE
LEGEND

TITLE SHEET
1 ABBREVIATIONS

HUSSAIN ALSAUD LLC
85 & 90 FAGAN DRIVE

CONCEPTUAL PLANS FOR THREE-UNIT SUBDIVISION

TOWN OF HILLSBOROUGH, CALIFORNIA

OAKDALE ROAD

FAGAN DRIVE
85 & 90 FAGAN DRIVE

DOWNEY WAY

JACKLING DRIVE
-118-
ATTACHMENT 1

FAGAN DRIVE

OAKDALE ROAD
40' R/W
40' R/W
SHELDON WAY 40' R/W

LOTTING EXHIBIT

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
2 9 -119-

FAGAN DRIVE

OAKDALE ROAD
3 RIGHT OF WAY

QUITCLAIM & DEDICATION

EXHIBIT

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
9 RIGHT OF WAY AREAS
-120-

FAGAN DRIVE PROPOSED

PARCEL 'A'

PROPOSED

PARCEL 'B'

PROPOSED

PARCEL 'C'

OAKDALE ROAD

PROPOSED

PARCEL 'D'

PROPOSED PARCEL 'D' STREET EXTENSION

PRELIMINARY

EARTHWORK QUANTITY
LEGEND

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
4 9

INTERIM GRADING EXHIBIT
-121-

FAGAN DRIVE PROPOSED

PARCEL 'A'

PROPOSED

PARCEL 'B'

PROPOSED

PARCEL 'C'

OAKDALE ROAD

PROPOSED

PARCEL 'D'

PROPOSED PARCEL 'D' STREET EXTENSION
5 UTILITY EXHIBIT

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
9 -122-
LEGEND

FAGAN DRIVE

OAKDALE ROAD
40' R/W
40' R/W

PROPOSED

PARCEL 'A'

PROPOSED

PARCEL 'B'

PROPOSED

PARCEL 'C'

TREE REMOVAL &

PROTECTION EXHIBIT

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
6 9 -123-

TREE PROTECTION GUIDELINES

TREE REMOVAL AND PRUNING GUIDELINES

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
9 TREE PROTECTION
NOTES
7 -124-

TREE TRUNK PROTECTION - BOARDS

TREE TRUNK PROTECTION - WATTLES

TREE TRUNK PROTECTION - CONSTRUCTION FENCE

TREE PROTECTION FENCE TREE PROTECTION FENCE OPTION FOR STEEP SLOPES

SHEET OF
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022

PROPOSED THREE-PARCEL

MINOR SUBDIVISION

HUSSAIN ALSAUD LLC PROPERTY
85 & 90 FAGAN DRIVE,

HILLSBOROUGH, CA
9 TREE PROTECTION

DETAILS
8 -125-
NOTES

FAGAN DRIVE OAKDALE ROAD
40' R/W 40' R/W PROPOSED PARCEL 'A' PROPOSED PARCEL 'B' PROPOSED PARCEL 'C' 9 FUTURE GRADING EXHIBIT LEGENDSHEET OF 1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868 CONCEPTUAL JUNE 13, 2022 PROPOSED THREE-PARCEL MINOR SUBDIVISION HUSSAIN ALSAUD LLC PROPERTY 85 & 90 FAGAN DRIVE, HILLSBOROUGH, CA 9 -126-

FAGAN DRIVE

OAKDALE ROAD
SHEET 1 OF 1

HUSSAIN ALSAUD PROPERTY
85 / 90 FAGAN DRIVE

SLOPE DENSITY EXHIBIT
JANUARY 03, 2022
1931 SAN MIGUEL DRIVE, SUITE 100, WALNUT CREEK, CA 94596 WWW.DKCONSULTINGINC.COM (925) 932-6868

VICINITY MAP
SITE
-127-
ATTACHMENT 2
Building and Planning Department
Phone: 650-375-7411 | Fax: 650-375-7415 | 1600 Floribunda Ave., Hillsborough, CA 94010 | www.hillsborough.net

TOWN OF HILLSBOROUGH
California July 5, 2022
Benoit A.V.J. McVeigh, PE, LS
DK Engineering, Senior Engineer
1931 San Miguel Drive, Suite 100
Walnut Creek, CA 94596
RE: 85-90 Fagan Drive, Environmental Review for proposed Subdivision #ENV22-0001 Dear Mr. McVeigh:

Thank you for the opportunity to review the proposed work at the above referenced site in Hillsborough, CA. The Town Planning Department is pleased to provide our determination for the Environmental Review of the 85-90 Fagan Drive subdivision application.

The project has been determined not to have a significant effect on the environment and is therefore, categorically exempt from the provisions of the California Environmental Quality Act (CEQA). CEQA provides several exemptions for projects that the lead agency (Town of Hillsborough) has determined do not pose a risk of significant impact on the environment. Under article 19 section 15315 Minor Land Divisions, this project is categorically exempt.
“Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.” For the reasons cited above, the project will not result in a significant environmental impact and qualifies for a Categorical Exemption.

Regards,
Linda Roberson, AICP
Associate Planner
-128-
ATTACHMENT 3
-129-
ATTACHMENT 4
-130-
-131-
-132-
From: James McDowell
To: Natalie Gribben; Lisa Natusch
Cc: Caryn McDowell
Subject: Further Subdivision at 85-90 Fagan Drive
Date: Monday, June 27, 2022 3:56:26 PM
Dear Ms Gribben & Ms Natusch –
Caryn McDowell and I are the owners of the property at in Hillsborough. We received, today 6/27/22, the notice regarding the further subdivision of 85-90 Fagan Drive, which abuts our property. This proposed hearing is slated to be part of the July 11, City Council meeting.

Unfortunately, we will be in-transit on a long-delayed vacation at the time of the July 11 meeting, and will not be able to attend either in person or virtually. The materials are scheduled to be available by Friday July 8, however, three days (including only a single business day) is an extraordinarily short period to digest and prepare comments on such a substantial subdivision proposal, especially one being done so shortly after the property had already been subdivided.

Given several important facts, including --
1) This property was already subdivided once very recently, 2) The short notice of the hearing date,
3) The extraordinary short period (one business day) to review the materials, and
4) We are the immediate neighbors to the side of the property that does not have the existing structure, sharing a long property line, and we believe (but without the materials have no way of knowing) that we will be impacted more than any other party in the city of Hillsborough,
We respectfully request the hearing on this matter be postponed at least until the August 2022 meeting so we have the ability to thoroughly review the proposal and offer appropriate comments.

Thank you,
James and Caryn McDowell
Hillsborough, CA
-133-
ATTACHMENT 5
James McDowell
http://www.linkedin.com/in/mcdowellj
-134-
From: Mike Folgner
To: James McDowell
Cc: Natalie Gribben; Lisa Natusch; Caryn McDowell
Subject: Re: Further Subdivision at 85-90 Fagan Drive
Date: Monday, June 27, 2022 5:53:05 PM
Thank you James.

Dear Ms Gribben and Ms Natusch,
We are the lot next to James, across the cul de sac from the lot in question and we share the same concern regarding the timing. We will also be unavailable to attend on July 11th but more importantly this notice period is too short for such an impactful change and we kindly ask that this be delayed until at least the August meeting and that there be more time between the disclosure of the materials and the meeting.

Thank you,
Mike and Karen Folgner
On Mon, Jun 27, 2022 at 3:56 PM James McDowell wrote:

Dear Ms Gribben & Ms Natusch –
Caryn McDowell and I are the owners of the property at in Hillsborough. We received, today 6/27/22, the notice regarding the further subdivision of 85-90 Fagan Drive, which abuts our property. This proposed hearing is slated to be part of the July 11, City Council meeting.

Given several important facts, including --
1) This property was already subdivided once very recently, 2) The short notice of the hearing date,
3) The extraordinary short period (one business day) to review the materials, and
4) We are the immediate neighbors to the side of the property that does not have the existing structure, sharing a long property line, and we believe (but without the materials have no way of knowing) that we will be impacted more than any other party in the city of Hillsborough, We respectfully request the hearing on this matter be postponed at least until -135-
the August 2022 meeting so we have the ability to thoroughly review the proposal and offer appropriate comments.

Thank you,
James and Caryn McDowell
Hillsborough, CA
James McDowell
http://www.linkedin.com/in/mcdowellj
-136-
1 Lisa Natusch
Subject: FW: 85-90 Fagan Drive
From: Boutin, Peter <[email protected]>
Sent: Tuesday, June 28, 2022 9:38 PM
To: [email protected]; Natalie Gribben <[email protected]> Cc: Boutin, Peter <[email protected]>;
Subject: 85‐90 Fagan Drive
Dear Ms. Gribben and Ms. Natusch,
My wife Suzanne and I are the owners of the property located at . Our property backs up to 85‐90 Fagan Drive.

Upon returning today from business out of town, I received the notice regarding a July 11, 2022 hearing to consider a proposal for Conceptual Review of further subdividing 85‐90 Fagan Way. Providing one business day to review the materials relating to this Conceptual Review is demonstrably insufficient. We ask that the hearing in this matter be continued to the Council’s August or September meeting so that we and our neighbors have adequate time to review the materials and provide comments.

Thank you for your attention to this matter.

Sincerely,
Peter Boutin
Hillsborough, CA. 94010
Sent from my iPhone
-137-
From: James McDowell
To: Natalie Gribben
Cc: Caryn McDowell; Mike Folgner; Lisa Natusch
Subject: Re: Further Subdivision at 85-90 Fagan Drive
Date: Friday, July 1, 2022 10:48:34 AM
Hi Natalie -
Thank you for the additional information and response.

Before I consider the last-minute offer to meet with their engineer, I need the City to explain the process as it will proceed from here. I appreciate your initial note indicating that at the July 11 meeting "there will be no action taken by the Council." However, our experience with the 2020 subdivision was that at each meeting the subdivision as proposed moved one step closer to approval, and despite numerous issues raised by the neighbors related to timing (e.g., prior behavior by the long-time owners, concerns about traffic and suggestions to improve the proposal as it related to traffic and access), the proposal was approved in its initial form. We intend to submit comments, as we did in 2020 when this property was subdivided, although we feel that our prior comments were overlooked in favor of the developer.

Although I hesitate to speak for the Folgners, I believe we both accepted the outcome graciously and realized we had to live with the inevitable update of 85 Fagan and construction of a new home at 90 Fagan, along with the related traffic. Among other issues, we have experienced jackhammers, stone cutting, noise and an incredible amount of dust from the just the current driveway redesign at 85 Fagan. The building department has confirmed that much of this work has been done before the permits were approved--not the sort of behavior on their part that gives me confidence that promises made during any discussion will be kept, or that moving and adding a street will be done with any sensitivity to the neighbors. Despite our direct conversations with the Stanley Lo and contacting the Hillsborough police, the cul-de-sac and the property in front of our house (and often our driveway) is still treated as an empty parking lot with little regard for our families.

My questions for the City are: 1) what assurances are there that if the current project is approved that there will not be an additional request to further subdivide and add another lot and home to the area? 2) what is the process of the City and the Council, how many meetings, where is input from the public considered? 3) which meeting/when is the action taken? 4) who will respond to the citizen input and fully explain which legitimate concerns of long-term residents are dismissed in favor of the developers and why? 5) will this be the final subdivision -- it is very difficult to understand the intent and also raise our concerns if these are merely incremental changes that fundamentally affect the street and our home. Finally, is there any concrete assurances the City can give us that our concerns are as important as the developers?
Each time I read the lengthy and complex documents and plans, I find additional items of concern, so I'm not sure I'm ready to discuss this with the engineer yet, -138-
especially with the Holiday weekend upon us. I am also concerned that the offer to meet came only AFTER we responded to the mailed notice, and not in the many months before. This is especially concerning since (so far) I see they are proposing 1) to change my curb, move me from the cul-de-sac--which any realtor knows is more valuable property--to a simple street side (while getting 2 lots on a valuable cul-desac for themselves), 2) move my water meter, 3) change my drainage, and 4) have the street positioned in a way that vehicles coming downhill from the new street will have headlights pointed at our front door, which is flanked by two windows approximately 5 feet x 7.5 feet. It is unclear what new requirements we will have if the cul-de-sac is carved out and added to our property. Will the town require us to make any changes to our property to comply with regulations? And these are only the immediate issues I see related to our property, without listing any concerns of the Folgners or the properties on Oakdale or those on Downey. Again, it is also necessary to point out we have made numerous complaints to the City police about parking during the current renovations 85 Fagan, which include fully blocking the street on a few occasions, parking not parallel to the existing curbs, leaving construction trailers on the street overnight and repeated incidents of blocking the existing fire hydrant. As I write this email, Stanley Lo's construction crew is blasting music, parking in front of our house, and blocking the fire hydrant with two trucks. The town and the police almost never make their way to our cul-de-sac so Stanley Lo and crew do not seem to follow laws or regulations.

Item 4 above is particularly distressing for many reasons. Even with the short amount of roadway in the current configuration, cars and currently large numbers of construction vehicles come down from 85 Fagan quite quickly, and go into the blind curve in front of 70 Fagan in the center of the street. If there is a longer street and more homes, aesthetically, there will be more traffic, and from a safety perspective much more distance to gain speed. Another is that our home was designed by Claude Oakland, an architect known for working with the Eichler homes, who placed a particular emphasis on the harmony with nature. Some of the hallmarks of this architecture is creating a feeling inside/outside throughout the home by using large amounts of glass and very deliberate site selection. By increasing traffic and moving the street, this site selection is undermined, and our window expanses change from an asset to liability, with the proposed street pointing at our home - fundamentally changing our enjoyment of, and the value of our property.

When we purchased this home, only 6 years ago, we purchased a quite home at the end of a cul-de-sac, with only one home, tucked across the street on almost 3 acres.

In the last 2 years, the City approved the subdivision of that land into 2 lots over our objections. Now, it appears the City is poised to approve yet another lot, remove our peaceful cul-de-sac and, unarguably and permanently degrading the character of the entire neighborhood for the benefit of a single owner.

Finally, as it relates to the offer to meet. Stanley Lo, who you indicate is the applicant, but you did not confirm he is the owner of the property, has been on site weekly since last October, and almost daily over the last few weeks as work on 85 Fagan continues. He has never once mentioned the proposed subdivision, solicited our thoughts or given any indication of this plan--which includes the City giving us land -139-
(?!). The plans you received and then provided to us are sufficiently thorough that you and we both know the owner(s) have been working on them for a long time.

During all of these visits, there was a complete lack of communication from the applicant or engineers. The public notice through the City shortly before the July 4th Holiday, with the minimum notice allowed under regulation, made during summer vacations, are clearly part of the owner's plan to spring this egregious change on the neighbors without regard to their concerns, safety or property values.

At this point, I really need to understand the City process as I outlined above before I feel that I can have any productive conversations with the applicant's hired engineer.

I would also like to request that at this point you do not share our concerns with the applicant until we have an understanding of the process and when/where our concerns are best addressed to the Council and City. The incredible complexity of the process and the extraordinary changes proposed only prove the need to delay even the initial presentation to the Council.

We look forward to hearing from you.
best
James
James McDowell
http://www.linkedin.com/in/mcdowellj
On Friday, July 1, 2022 at 08:34:40 AM PDT, Natalie Gribben <[email protected]> wrote:

Hi Mr. Folgner,
They are extending the end of the cul-de-sac, so the “bulb” of the cul-de-sac would be located in what is now 85 Fagan and the vacant lot (part of the bulb in each lot). This shape or any part of the street along your frontage would not change.

The project proposes the land part of the current existing “bulb” revert back to the adjacent property owners, which means the McDowell’s would be most impacted. (Mr. McDowell, I encourage you especially to allow me to share your contact information with the applicant who would like to have a detailed discussion with you about this.)
The slope of the street would remain generally consistent with the existing slope all the way to the end of the proposed new “bulb” location.

Stanley Lo is the applicant and your contact information would be shared with him and the project -140-
engineer of record, and you would be contacted by Ben McVeigh from dk Engineering.

Please let me know if you have any further questions. Please don’t hesitate to call either.

Thanks,
Natalie Gribben, P.E., QSD
Senior Civil Engineer
Town of Hillsborough | Public Works Department
P: (650)375-7444
D: (650)375-7510
Drought is Here: Is Your Yard DrSught Ready? Visit www.hillsborough.net/Drought for more information.

Download the new Simplicity App for Hillsborough to stay up-to-date Subscribe to the Town’s e-Announcements
Sign up for SMCAlert to receive emergency updates by phone and email The opinions expressed in this email are solely those of the sender and are not an official position of the Town of Hillsborough, of the respective body, or of the board I serve on at the Town.

From: Mike Folgner
Sent: Thursday, June 30, 2022 6:34 PM
To: Natalie Gribben <[email protected]>
Cc: Caryn McDowell ; James McDowell ; Lisa
Natusch <[email protected]>
Subject: Re: Further Subdivision at 85-90 Fagan Drive
Hi Natalie,
Thanks for your reply and help.

Am I understanding the plans that they are moving the location of the cul de sac to the middle of the property and creating a larger downhill curve towards our house? That’s a substantial change so I want to make sure I’m interpreting these correctly.

Also the name on the property plans is Hussein AlSaud LLC. I was under the impression that Stanley Lo -141-
had purchased the property. I may be interested in talking to them but can you please clarify who the applicant is, then We would be happy to consider that request.

Thank you!
Mike
On Wed, Jun 29, 2022 at 5:18 PM Natalie Gribben <[email protected]> wrote:

Sorry one clarification on the highlighted sentence below: Any public comment submitted before 5pm Wednesday will be included in the agenda packet, and any public comment received after that but before 4pm on the 11th, will be provided to the City Council, posted to the website, and retained for the record.

From: Natalie Gribben
Sent: Wednesday, June 29, 2022 4:55 PM
To: Mike Folgner >; James McDowell >
Cc: Lisa Natusch <[email protected]>; Caryn McDowell Subject: RE: Further Subdivision at 85-90 Fagan Drive
Hi Mr. Folgner & Mr. McDowell,
Apologies for the delayed response. I’d like the clarify that the full agenda packet is typically posted 3 days before the Council meeting, but materials related to public hearing items are available upon request. Please see attached conceptual plans available for your review that the applicants wanted to share.

I am sorry Mr. Folgner that you will not be able to attend on the 11th. The meeting will by a hybrid meeting, so perhaps you can join by zoom or by phone. If not, the meeting will be recorded and available for viewing afterwards. There will be no actions taken by the Council on the 11th on this item - this meeting is only to allow the Council to provide their preliminary comments on the proposed subdivision, and to hear feedback from neighbors and public. Any public comment submitted before Wednesday will be included in the agenda packet, and any public comment received before the 4pm on the 11th, will be read into the record. And course, there will be an opportunity to speak for 3 minutes at the meeting as well. Also, if you are not able to attend or have any after thoughts, I welcome any additional comments and feedback after the meeting as again, there is no action associated with this item.
-142-
Lastly, applicants would like to reach out and discuss the proposed subdivision prior to the Council meeting to any neighbors that have expressed interest. Would it be alright if I shared your phone numbers or emails with the applicant team? Feel free to email me separately and directly with this information if you’d like.

Please feel free to give me a call anytime to discuss.

From: Mike Folgner
Sent: Monday, June 27, 2022 5:53 PM
To: James McDowell
Cc: Natalie Gribben <[email protected]>; Lisa Natusch <[email protected]>; Caryn McDowell
Subject: Re: Further Subdivision at 85-90 Fagan Drive
Thank you James.

Dear Ms Gribben and Ms Natusch,
We are the lot next to James, across the cul de sac from the lot in question and we share the same concern regarding the timing. We will also be unavailable to attend on July 11th but more importantly this notice period is too short for such an impactful change and we kindly ask that this be delayed until -143-
at least the August meeting and that there be more time between the disclosure of the materials and the meeting.

Thank you,
Mike and Karen Folgner
On Mon, Jun 27, 2022 at 3:56 PM James McDowell wrote:

Unfortunately, we will be in-transit on a long-delayed vacation at the time of the July 11 meeting, and will not be able to attend either in person or virtually.

The materials are scheduled to be available by Friday July 8, however, three days (including only a single business day) is an extraordinarily short period to digest and prepare comments on such a substantial subdivision proposal, especially one being done so shortly after the property had already been subdivided.

Given several important facts, including --
1) This property was already subdivided once very recently, 2) The short notice of the hearing date,
3) The extraordinary short period (one business day) to review the materials, and
4) We are the immediate neighbors to the side of the property that does not have the existing structure, sharing a long property line, and we believe (but without the materials have no way of knowing) that we will be impacted more than any other party in the city of Hillsborough, We respectfully request the hearing on this matter be postponed at least until the August 2022 meeting so we have the ability to thoroughly review the proposal and offer appropriate comments.

Thank you,
James and Caryn McDowell
-144-
-145-
From: James McDowell
To: Natalie Gribben; Lisa Natusch
Cc: Caryn McDowell; Mike Folgner
Subject: Comments for City Council meeting 11 July, 85 Fagan additional subdivision Date: Wednesday, July 6, 2022 4:51:31 PM
Attachments: 11 July comments to City
Dear Lisa & Natalie,
Lisa, it was good to speak to you in person today, we appreciate your time.

In addition to the concerns I expressed in my earlier email, most of which are related to the process the City Council uses and the standard used to judge the proposal, I have put together some concerns with the proposal itself. I have attached them in a Word document, and believe I am sending them in time to be included in the written packet.

I remain especially curious as to the standard for approval or rejection that the Council uses, as well as any rules that relate to the incremental changes proposed by repeatedly returning to the Council to request yet another division to create yet another parcel. As you can imagine, in addition to being blind-sided by this notice, we now live with the dread another notice for the creation of another parcel may come at any time.

I understand additional comments will be considered by the Council if emailed in, but will not make it into the initial packet for Council members, so I do hope I made the deadline. I am sorry we will be unable to make the meeting via Zoom.

Please let me know if the attached is unreadable.
thank you,
James & Caryn McDowell
James McDowell
http://www.linkedin.com/in/mcdowellj
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We are James & Caryn McDowell, who own and reside at with our two daughters (Crocker class of 2022). We have lived on this quiet street since 2016 and are heartbroken to learn about the proposal to fundamentally and irrevocably change our neighborhood (and likely Blackhawk neighbors) and we are pleased that the Council will seriously consider our concerns.

Because the proposed changes are so significant and extensive, and fundamentally and permanently alter our neighborhood, we have requested, and reiterate our request that consideration by City Council be delayed so that we and the other neighbors can have ample time to digest the proposal and make meaningful comments. We acknowledge the notice was delivered timely, however, with summer vacations (after two years of lockdown), and the holiday weekend intervening, the time between notice and meeting is particularly burdensome on the existing homeowners. It appears the applicant timed the submission to minimize the likelihood of comment.

When we purchased our home at , we deliberately chose the location for its quiet and seclusion, as well as the site placement of the home. The title search we had at the time showed a single home at 85 Fagan tucked away on a single lot of 3 acres. In 2020, the Council approved subdivision of 85 Fagan into two parcels. Now, the owner and/or applicant proposes to remove our cul-de-sac and gain two building sites on a cul-de-sac for themselves. This dramatically and permanently alters the character, and peace we specifically sought when we found and purchased our home and also affects our property value.

As far as we can see, all burdens of the proposal fall on us and long-term neighbors of the Fagan Estates, while all benefits and value accrue to someone who does not live here and will not suffer the endless noise and disruption the proposed construction guarantees. Fagan is a dead-end street, with only one entry/exit, few families and a character uncommon, even here in Hillsborough. It is not a major thoroughfare like Sharon Drive, with its extra setback, providing access to huge parts of town, with multiple entries and exits. In the short time since we learned of the proposal, several neighbors have expressed deep concern, and none of have been supportive—how can this proposal possible benefit the residents if I am unable to find a single neighbor in favor?
Concern #1: Public Safety and Our Safety.

1. Our property, as well as 85 Fagan are both within the WUI zone that requires a bi-annual inspection from Central County Fire because of the heightened fire risk. The plans provided include the removal of the fire hydrant that abuts our property, which, at a minimum • increases the risk of damage if/when a fire might occur, and • will require the shutoff of water for an undefined period during construction, both of which negatively impact our safety, and should a fire occur, dramatically increase the risk to us and all other homes nearby.
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2. Removal of existing road and construction of a new road will inevitably lead to periods of poor and zero access to our property and some adjoining properties. The historic wall that surrounds the existing Fagan Estates neighborhood is over 10-12 feet high behind our home and prevents emergency access from anywhere other than Fagan Dr., a severe compromise of public safety.

3. During the current renovation of 85 Fagan, there has been a significant increase in traffic, and the departing vehicles frequently move too fast as they reach the blind curve which is sharpest (over 90 degrees) at the border of our home and 70 Fagan. If the road were extended as provided in this proposal, there would be
• a longer and/or second curve to the road, with poor visibility, and • a longer run for vehicles to gain even more speed before entering the blind curve which would increase the likelihood of an accident involving the numerous families from the neighborhood who enjoy using Fagan and the cul-de-sac for learning to bike, skateboard or hoverboard because this is a dead-end with limited traffic.

The proposed subdivision would allow two large homes to be built, which increase the number of driveways above us by 200%, which could go to 500% if all properties installed ADUs, fundamentally increasing the traffic load for every home on Fagan, Sheldon and Margo.

4. During renovation of 85 Fagan, there have been multiple times the entire street has been blocked (without prior notice) by construction trucks, usually in front of 60 Fagan, completely blocking access to 60, 70 and 80 Fagan, as well as 85 Fagan. This disregard for our safety, and lack of common courtesy, will become even worse while executing the proposed plan.

5. On the morning we are drafting this, trucks involved in the renovation at 85 Fagan have filled the cul-de-sac. Despite numerous visits by Hillsborough Police, at least two of the vehicles are blocking the existing fire hydrant. This pattern and practice disregarding the rules of public safety, especially during fire season in a super-drought indicate a complete lack of respect for safety, neighbors and the law.

Concern #2: issues surrounding utilities – both convenience and safety • In addition to the water and sewer questions below, what is the overall plan for water and sewer?
• Fagan and Sheldon already experience a large number of electric blackouts (we have had more in the last 3 years than we did in the 10 years we lived in Burlingame). What is the electric upgrade plan to support additional homes?
• Will all utilities be underground?
• Where will the gas lines run?
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• Can the water main support additional homes? Or will there be an additional project to address that?
Concern #3: Issues of our own quiet enjoyment and our ability to make a living We have been working from home for several years now, and with the fundamental shift in workplace behavior ushered in by the pandemic, this situation appears permanent for us. The recent work on the driveway at 85 Fagan introduced jackhammers, concrete destruction and stone cutting to the area, making it nearly impossible to conduct phone calls or video conferences for several days. Destroying part of the road and building a new one will be substantially worse and burden both our personal and business lives.

Local experience (2225 Oakdale) shows that home completion can take nearly 3 years. By doubling the number of allowable homes, the construction period we will suffer could easily reach six years, equal to the amount of time we have lived here! We do not speak for other neighbors, but believe other abutting properties have full-time stay at home and full-time work from home inhabitants who will also be hit hard from the proposed changes, and we encourage the city to actively interview neighbors to gauge their concerns.

Concern #4: Finality
85 Fagan was just subdivided less than 2 years ago. Now, the owners come for another bite at the apple. It is unfair to us and the long-term residents to have an endless grind against our peace and enjoyment and degradation of our property values. When does this end? Isn’t the 2020 decision a final word?
Concern #5: Issues of destruction of Value
As described above, we sought a quite location, and fell in love with being at the end of a cul-desac, where our children (and others!) play safely. In addition to these joys the proposal will strip from us, we will lose the substantial monetary value of being on the cul-de-sac and “the last house on the right,” while the developer gains not one, but two sites at the end of a cul-de-sac, and all the value that goes with it. In addition to that permanent loss, doubling the allowable homes doubles the construction disruption we will suffer, substantially lowering any value from sale we could realize until the building is completed, on a schedule we do not control.

Concern #6: Unanswered questions about the gift of land from the City The proposal indicates the City will gift us a triangle of land. In smaller type, the proposal indicates the existing fire hydrant will be removed and our water meter must be moved. There is no mention of the costs or who will perform this work, and how careful they will be. Further, the -149-
first we learned of this was when the City provided plans to us – no one from the developers ever mentioned this to us. We also do not see anything addressing the points below. Nor do we know if these are even the most pressing items, as “free land” is so uncommon, we do not know where to start an evaluation.
• What is the landscaping requirement for the area where 50-year-old road will be jackhammered and removed?
• What sort of pollutants exist in the road, or under it, and will be disturbed? Will these drain to the bay or public sewers when it rains? Who will remediate? How? • What is the quality of the underlying soil – is it arable for plans or does it contain old chemicals?
• Will the slope and drainage of the site change?
• Will the geologic characteristics be integrated into our existing yard? • Will the City grant permits (without cost) for us to landscape in accord with our existing landscape? Will we be reimbursed for any requirements to hire a landscape architect or other professionals off our choosing? Or will current requirements require us to remodel the entire area?
• Where is the water main? Will moving the street require additional access to our yard for moving water or other utilities? How long will we lose water during the various construction phases?
• Where is sewer main? What other concerns should we have relating to sewer? • Will the existing fence between 80 and 85/90 Fagan be extended? Will it match the existing fencing? Will it integrate with the existing road-fronting fence we have? • Will this work damage our current irrigation system (recently updated for water savings)? • What are the tax consequences of receiving additional land? Concern #7: Positioning of the revised street
• The street proposal is such that vehicles coming downhill from the new street will have headlights pointed at our front door, which is flanked by two windows approximately 5 feet x 7.5 feet, and will shine through our open-plan house (the backyard can be viewed through our home while standing on the front walk).
• By increasing traffic and moving the street, the site selection made by the architect of our home (Claude Oakland, of Eichler fame) is undermined, and our expansive windows change from an asset to liability, with the proposed street pointing at our home - fundamentally changing our enjoyment of, and the value of our property.

We urge the Council to make several Site Visits (unannounced) before making any decision to better understand the lack of regard to safety and for the neighbors shown by the applicant
As noted above, at one time today, there were more than 7 large trucks parked around our house (including several in front of the fire hydrant). Two trucks and at least one car drove around the blind curve today at an excessive speed. This needs to be seen to be appreciated -150-
In Conclusion
We believe the Council is well-versed in analyzing the public safety issues such as fire risk, density, traffic and utilities, including the unreliable above-ground electric that serves the Fagan Estates, so I want to emphasize the intangibles here:
• The Fagan Estate itself is one of the original mansions of Hillsborough, and the 1967 subdivision (and further division in 2022) have created and maintained a wonderful and safe enclave that cannot be reproduced—and should not be destroyed. • Innumerable families have and continue to visit Fagan for its seclusion, peace and safety.

Often, this is to teach their children the simple joys of biking. This availability is especially important in a town that prides itself for having no sidewalks and with most streets living up to the “hill” in Hillsborough. The grade of the proposed cul-de-sac along with the increased traffic prevents the proposed street from being a substitute. • While it is impossible to know how many families have pulled off their training wheels and learned to ride their two-wheelers on Fagan, we do know there are currently 18 school-aged (or younger) children living inside the Fagan Estate gates—not including regularly visiting grandchildren.

Every bit of new traffic puts the residents, their children and the children of the neighborhood at greater risk. This proposal degrades the legacy of all those families who have trekked up here over 50 years, and strips the opportunity from generations to come. We urge the council to reject this proposal and preserve the Fagan Estates as they have thrived for over fifty years. -151-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
13 PUBLIC HEARING

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION AUTHORIZING PLACEMENT OF SEWER SERVICE AND

STORM DRAINAGE CHARGES, SPECIAL TAX FOR POLICE PROTECTION AND FIRE

PROTECTION AND PREVENTION, AND THE FLAT CHARGE COMPONENT OF THE GARBAGE COLLECTION FEE ON THE FISCAL YEAR 2022-23 COUNTY TAX ROLL AND

AUTHORIZING THE COUNTY TAX COLLECTOR TO COLLECT SUCH CHARGES SUMMARY: The Town's sewer service charges, storm drainage charges, public safety special tax and the flat garbage collection fee are collected by the County Tax Collector in the same manner in which the County collects the property taxes. The Hillsborough Municipal Code requires the Town to annually adopt a resolution authorizing the County Tax Collector to collect the above charges.

The procedures to place the charges on the tax roll and the publication of the notice on the hearing are those prescribed in the California Health and Safety Code 5473 through 5473.8. The public safety tax that gets put on the tax roll is pursuant to Government Code section 50077(b) and the provisions in the Municipal Code.

There are an estimated 3,900 households that will be assessed an annual residential sewer charge of $3,832 for an estimated total of $14,944,800 to support the sewer operations. This represents a 4% increase from the $3,685 annual charge last year. Commercial accounts will be manually assessed and billed with the water charges based on their winter water usage and relationship to the charge of an "equivalent dwelling unit" of $3,832. The sewer charge was approved by City Council on May 9, 2022, in a noticed public hearing.

The annual storm drainage charge was first authorized in FY 1994-95 upon the implementation of the National Pollutant Discharge Elimination System (NPDES) Stormwater Pollution Prevention Program. The authorizing ordinance, however, does not provide for adjustments to the annual charge to cover changes to program costs; hence, it has remained the same since the initial implementation. An annual charge of $7.34 per parcel will be assessed to 4,012 parcels for an estimated total of $29,448.08 to partially pay for storm drain costs.

The public safety tax of $218 for 60 unimproved and $570 for 3,919 improved parcels will bring in an estimated $2,246,910 towards partial funding of public safety operations. The special tax initially set at $190 for unimproved parcels and $496 for improved parcels in 1998-1999 was increased by 2% each year, but the authorizing ordinance set a maximum of 115% of the initial amounts. The maximum amounts have been assessed since 2005-06.

The flat garbage collection fee reflects a 10% increase from the previous year in the amount of $330 per year to be assessed on an estimated 3,903 parcels. Projected receipts of $1,287,990 net -153-
Agenda Staff Report - Hillsborough City Council
July 11, 2022

Page 2 ends

of the incidental charges (collection fee charged by the County and the cost to prepare the data in the required format) will be remitted to Recology per the franchise agreement.

FISCAL IMPACT: Collection charges will be assessed by the County in exchange for the service.

The cost is part of the operating budget. All revenues are reflected in the approved budget.

ATTACHMENTS: Resolution
PREPARED BY: Richard Santiago, Assistant Finance Director RECOMMENDATION:

1. Open the public hearing and receive comments;

2. Close the public hearing; and

3. Adopt the resolution authorizing placement of sewer service and storm drainage charges, special tax for police protection and fire protection and prevention, and the flat charge component of the garbage collection fee on the 2022-2023 County tax roll and authorizing the County Tax Collector to collect such charges.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

AUTHORIZING PLACEMENT OF SEWER SERVICE AND STORM DRAINAGE

CHARGES, SPECIAL TAX FOR POLICE PROTECTION AND FIRE PROTECTION

AND PREVENTION, AND THE FLAT GARBAGE COLLECTION FEE ON THE 2022-2023 COUNTY TAX ROLL AND AUTHORIZING THE COUNTY TAX

COLLECTOR TO COLLECT SUCH CHARGES
WHEREAS, the residential sewer service charge effective for billings for fiscal year 2022-2023 is $3,832 per residence (a 4% increase from last year); and WHEREAS, the storm drainage charge effective for billings for fiscal year 2022-2023 is the same as in the previous fiscal year, i.e., $7.34 per year per parcel in the Town; and
WHEREAS, pursuant to Section 3.30.040 B of the Hillsborough Municipal Code, the City Council has set the fiscal year 2022-2023 Special Tax for Police Protection and Fire Protection and Prevention (Public Safety Tax) at $570.00 for each improved parcel and $218.00 for each unimproved parcel (unchanged since fiscal year 2005-2006); and
WHEREAS, the Town adopted Ordinance No. 700 on May 14, 2012, authorizing charging of a flat fee to each property improved with a residence to defray a portion of the Town’s costs of providing removal and disposal of waste and garbage through its franchisee and that the 2022-2023 fee to be placed on the County tax roll is the same as in the previous fiscal year - $330 per property per year; and
WHEREAS, Sections 13.34.040 and 13.54.040 of the Hillsborough Municipal Code direct that the Town’s residential sewer service charges and storm drainage charges be placed on the County tax rolls and collected by the County Tax Collector and that the City Council adopt a resolution each year authorizing the same; and
WHEREAS, Section 3.30.050 B of the Hillsborough Municipal Code provides that the Public Safety Tax shall be collected by the County Tax Collector on behalf of the Town in the same manner in which the County collects ad valorem property taxes on the secured roll; and
WHEREAS, Section 8.12.090 of the Hillsborough Municipal Code authorizes the Town to contract with the Tax Collector of the County of San Mateo to collect charges imposed by the Town for the collection and disposal of garbage and waste; and
WHEREAS, the report and notices required by Sections 5473 and 5473.1 of the California Health and Safety Code have been completed; and -155-
WHEREAS, the public hearing required by Section 5473.2 of the California Health and Safety Code took place at the July 11, 2022 meeting of the City Council.

NOW THEREFORE, BE IT RESOLVED that:

1. The City Council of the Town of Hillsborough hereby adopts the report as filed with the City Clerk under Section 5473.1 of the California Health and Safety Code, there having been no objections or protests thereto at the public hearing just concluded.

2. The County Controller is hereby authorized to place the Town of Hillsborough residential sewer charges, storm drainage charges, special tax for police protection and fire protection and prevention, and the flat garbage collection fee on the fiscal year 2022-2023 County tax roll, and that the County Tax Collector is hereby authorized to collect such charges in the same manner, by the same person, and at the same time as, together with and not separately from, the general taxes applicable to real property in the Town of Hillsborough.

3. The County is hereby authorized to retain the necessary amount from such collections to cover the cost of the County’s services hereunder (pursuant to the County’s formula allocating among all the agencies for which the County provides tax collection services, the cost of the County offices involved in collecting the taxes, prorated according to the amount of taxes collected from each agency), and the balance of such collections shall be remitted to the Town.

4. This resolution shall be printed and posted on the official bulletin boards of the Town of Hillsborough.

AYES: Councilmembers _____ _____
NOES: Councilmembers _____ _____
ABSENT: Councilmembers _____
ABSTAIN: Councilmembers _____ _____
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TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
14 NEW BUSINESS

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: RESOLUTION ADOPTING THE 2022 SALARY SCHEDULE FOR THE TOWN

OF HILLSBOROUGH
SUMMARY: This resolution memorializes a change to the salary schedule due to the addition of the Property Officer position approved at the June 13, 2022 City Council meeting. The California Public Employees Retirement System requires the pay schedule to be adopted at a public meeting of the governing body.

FISCAL IMPACT: There is no fiscal impact associated with the adoption of this resolution.

ATTACHMENTS:

1. Resolution

2. 2022 Salary Schedule
PREPARED BY: Kristin Armbruster, Human Resources Manager RECOMMENDATION: Adopt the resolution adopting the 2022 Salary Schedule for the Town of Hillsborough.
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RESOLUTION NO. 22-

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF HILLSBOROUGH

ADOPTING THE SALARY SCHEDULE FOR TOWN OF HILLSBOROUGH
WHEREAS, the Town of Hillsborough (“Town”) has established compensation rates for all positions in the Town; and
WHEREAS, California Public Employees Retirement System requires a pay schedule to be adopted by the governing body of the agency at a public meeting; and
WHEREAS, the Town desires to meet the requirements of the Public Employees Retirement System; and
WHEREAS, the salary schedule includes a new classification specification of Property Officer approved at the June 13, 2022 City Council meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Hillsborough adopts the Salary Schedule with the change effective for the position noted effective July 11, 2022.

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
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ATTACHMENT 1
Merit positions
salary effective date Step A B C D E MOU
Accountant Bi-weekly 3,724 3,911 4,106 4,311 4,527 Unrep 1/3/2022 Monthly 8,070 8,473 8,897 9,341 9,809
Annually 96,834 101,675 106,759 112,097 117,702
Accounting Technician Bi-weekly 2,989 3,138 3,295 3,460 3,633 PW&C 1/3/2022 Monthly 6,476 6,799 7,139 7,497 7,872
Annually 77,714 81,588 85,670 89,960 94,458
Administrative Assistant Bi-weekly 2,669 2,802 2,942 3,089 3,243 PW&C 1/3/2022 Monthly 5,783 6,071 6,374 6,693 7,027
Annually 69,394 72,852 76,492 80,314 84,318
Assistant City Manager Bi-weekly 7,246 7,608 7,988 8,387 8,806 Unrep 1/4/2021 Monthly 15,700 16,484 17,307 18,172 19,080
Annually 188,396 197,808 207,688 218,062 228,958
Assistant Director of Building & Planning Bi-weekly 6,068 6,371 6,690 7,025 7,376 Unrep 1/3/2022 Monthly 13,147 13,804 14,495 15,221 15,981
Annually 157,768 165,646 173,940 182,650 191,776
Assistant Director of Finance Bi-weekly 5,207 5,467 5,740 6,027 6,328 Unrep 1/3/2022 Monthly 11,282 11,845 12,437 13,059 13,711
Annually 135,382 142,142 149,240 156,702 164,528
Assistant Engineer I Bi-weekly 3,449 3,621 3,802 3,992 4,192 Unrep 1/3/2022 Monthly 7,473 7,846 8,238 8,649 9,083
Annually 89,674 94,146 98,852 103,792 108,992
Assistant Engineer II Bi-weekly 3,802 3,992 4,192 4,402 4,622 Unrep 1/3/2022 Monthly 8,238 8,649 9,083 9,538 7,890
Annually 98,852 103,792 108,992 114,452 120,172
Assistant Planner Bi-weekly 3,537 3,714 3,900 4,095 4,300 Unrep 1/3/2022 Monthly 7,664 8,047 8,450 8,873 9,317
Annually 91,962 96,564 101,400 106,470 111,800
Associate Civil Engineer Bi-weekly 4,495 4,720 4,956 5,204 5,464 Unrep 1/3/2022 Monthly 9,739 10,227 10,738 11,275 11,839
Annually 116,870 122,720 128,856 135,304 142,064
Associate Planner Bi-weekly 4,069 4,272 4,486 4,710 4,945 Unrep 1/3/2022 Monthly 8,816 9,256 9,720 10,205 10,714
Annually 105,794 111,072 116,636 122,460 128,570
Budget Analyst Bi-weekly 4,138 4,345 4,562 4,790 5,030 Unrep 1/3/2022 Monthly 8,966 9,414 9,884 10,378 10,898
Annually 107,588 112,970 118,612 124,540 130,780
Building Attendant Hourly 15.00 20.00 Unrep
1/3/2022
Building Inspector I Bi-weekly 3,403 3,565 3,743 3,930 4,127 PW&C 1/3/2022 Monthly 7,373 7,724 8,110 8,515 8,942
Annually 88,478 92,690 97,318 102,180 107,302
Building Inspector II Bi-weekly 3,743 3,930 4,126 4,332 4,549 PW&C 1/3/2022 Monthly 8,110 8,515 8,940 9,386 9,856
Annually 97,318 102,180 107,276 112,632 118,274
Town of Hillsborough Salary Schedule
Adopted 7/11/2022
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ATTACHMENT 2
Building Official Bi-weekly 5,143 5,400 5,670 5,954 6,252 Unrep 1/3/2022 Monthly 11,143 11,700 12,285 12,900 13,546
Annually 133,718 140,400 147,420 154,804 162,552
Building and Planning Technician I Bi-weekly 2,668 2,801 2,941 3,088 3,243 PW&C 1/3/2022 Monthly 5,781 6,069 6,372 6,691 7,026
Annually 69,368 72,826 76,466 80,288 84,311
Building and Planning Technician II Bi-weekly 2,934 3,081 3,235 3,397 3,567 PW&C 1/3/2022 Monthly 6,357 6,676 7,009 7,360 7,729
Annually 76,284 80,106 84,110 88,322 92,742
Chief Building Official Bi-weekly 5,658 5,941 6,238 6,550 6,877 Unrep 1/3/2022 Monthly 12,259 12,872 13,516 14,192 14,901
Annually 147,108 154,466 162,188 170,300 178,807
Chief of Police Bi-weekly 7,784 8,173 8,582 9,011 9,462 Unrep 1/3/2022 Monthly 16,865 17,708 18,594 19,524 20,501
Annually 202,384 212,498 223,132 234,286 246,012
City Clerk Bi-weekly 4,652 4,885 5,129 5,385 5,654 Unrep 1/3/2022 Monthly 10,079 10,584 11,113 11,668 12,250
Annually 120,952 127,010 133,354 140,010 147,004
City Manager Bi-weekly 10,127 Unrep
1/3/2022 Monthly 21,942
Annually 263,302
Code Enforcement Officer I Bi-weekly 3,060 3,213 3,374 3,543 3,720 Police 1/3/2022 Monthly 6,630 6,962 7,310 7,677 8,060
Annually 79,560 83,538 87,724 92,118 96,720
Code Enforcement Officer II Bi-weekly 3,374 3,543 3,720 3,906 4,101 Police 1/3/2022 Monthly 7,310 7,677 8,060 8,463 8,886
Annually 87,724 92,118 96,720 101,556 106,626
Communications Manager Bi-weekly 4,750 4,988 5,237 5,499 5,774 Unrep 1/3/2022 Monthly 10,292 10,807 11,347 11,915 12,510
Annually 123,500 129,688 136,162 142,974 150,124
Communications Officer I Bi-weekly 3,139 3,289 3,453 3,626 3,807 Police 1/3/2022 Monthly 6,801 7,126 7,482 7,856 8,249
Annually 81,614 85,514 89,778 94,276 98,982
Communications Officer II Bi-weekly 3,453 3,626 3,807 3,997 4,197 Police 1/3/2022 Monthly 7,482 7,856 8,249 8,660 9,094
Annually 89,778 94,276 98,982 103,922 109,122
Community Service Officer Bi-weekly 2,516 2,642 2,774 2,913 3,059 Police 1/3/2022 Monthly 5,451 5,724 6,010 6,312 6,628
Annually 65,416 68,692 72,124 75,738 79,534
Deputy Director of Public Works Bi-weekly 5,833 6,125 6,431 6,753 7,091 Unrep 1/3/2022 Monthly 12,638 13,271 13,934 14,632 15,364
Annually 151,658 159,250 167,206 175,578 184,366
Director of Building and Planning Bi-weekly 7,216 7,577 7,956 8,354 8,772 Unrep 1/3/2022 Monthly 15,635 16,417 17,238 18,100 19,006
Annually 187,616 197,002 206,856 217,204 228,072
Director of Finance Bi-weekly 7,216 7,577 7,956 8,354 8,772 Unrep 1/3/2022 Monthly 15,635 16,417 17,238 18,100 19,006
Annually 187,616 197,002 206,856 217,204 228,072
-160-
Director of Public Works - City Engineer Bi-weekly 7,712 8,098 8,503 8,928 9,374 Unrep 1/3/2022 Monthly 16,709 17,546 18,423 19,344 20,310
Annually 200,512 210,548 221,078 232,128 243,724
GIS Coordinator Bi-weekly 3,915 4,111 4,317 4,532 4,759 Unrep 1/3/2022 Monthly 8,483 8,907 9,353 9,820 10,311
Annually 101,796 106,886 112,230 117,842 123,734
GIS Technician Bi-weekly 3,559 3,737 3,924 4,120 4,326 Unrep 1/3/2022 Monthly 7,712 8,097 8,502 8,927 9,374
Annually 92,542 97,169 102,028 107,129 112,485
HR Manager Bi-weekly 4,944 5,191 5,451 5,724 6,010 Unrep 1/3/2022 Monthly 10,712 11,247 11,811 12,402 13,022
Annually 128,544 134,966 141,726 148,824 156,260
Lead Communications Officer Bi-weekly 3,626 3,807 3,997 4,197 4,407 Police 1/3/2022 Monthly 7,856 8,249 8,660 9,094 9,548
Annually 94,276 98,982 103,922 109,122 114,578
Lead Facilities Worker Bi-weekly 3,303 3,468 3,641 3,823 4,014 PW&C 1/3/2022 Monthly 7,157 7,514 7,889 8,283 8,697
Annually 85,878 90,168 94,666 99,398 104,364
Lead Maintenance Worker Bi-weekly 3,146 3,303 3,468 3,641 3,823 PW&C 1/3/2022 Monthly 6,816 7,157 7,514 7,889 8,283
Annually 81,796 85,878 90,168 94,666 99,398
Maintenance Worker I Bi-weekly 2,424 2,539 2,666 2,799 2,939 PW&C 1/3/2022 Monthly 5,252 5,501 5,776 6,065 6,368
Annually 63,024 66,014 69,316 72,774 76,414
Maintenance Worker II Bi-weekly 2,666 2,799 2,939 3,086 3,240 PW&C 1/3/2022 Monthly 5,776 6,065 6,368 6,686 7,020
Annually 69,316 72,774 76,414 80,236 84,240
Management Analyst I Bi-weekly 3,629 3,810 4,000 4,200 4,410 Unrep 1/3/2022 Monthly 7,863 8,255 8,667 9,100 9,555
Annually 94,354 99,060 104,000 109,200 114,660
Management Analyst II Bi-weekly 3,990 4,190 4,400 4,620 4,851 Unrep 1/3/2022 Monthly 8,645 9,078 9,533 10,010 10,511
Annually 103,740 108,940 114,400 120,120 126,126
Management Assistant Bi-weekly 3,298 3,463 3,636 3,818 4,009 Unrep 1/3/2022 Monthly 7,146 7,503 7,878 8,272 8,686
Annually 85,748 90,038 94,536 99,268 104,236
Office Assistant Bi-weekly 2,445 2,567 2,695 2,830 2,971 PW&C 1/3/2022 Monthly 5,298 5,562 5,839 6,132 6,437
Annually 63,570 66,742 70,070 73,580 77,246
Planning Manager Bi-weekly 5,505 5,780 6,069 6,372 6,691 Unrep 1/3/2022 Monthly 11,928 12,523 13,150 13,806 14,497
Annually 143,130 150,280 157,794 165,672 173,966
Police Captain Bi-weekly 6,830 7,172 7,531 7,908 8,303 Unrep 1/3/2022 Monthly 14,798 15,539 16,317 17,134 17,990
Annually 177,580 186,472 195,806 205,608 215,878
Police Corporal Bi-weekly 4,272 4,486 4,710 4,946 5,193 Police 1/3/2022 Monthly 9,256 9,720 10,205 10,716 11,252
Annually 111,072 116,636 122,460 128,596 135,018
-161-
Police Lieutenant Bi-weekly 6,031 6,333 6,650 6,983 7,332 Unrep 1/3/2022 Monthly 13,067 13,722 14,408 15,130 15,886
Annually 156,806 164,658 172,900 181,558 190,632
Police Officer Bi-weekly 4,072 4,276 4,490 4,715 4,951 Police 1/3/2022 Monthly 8,823 9,265 9,728 10,216 10,727
Annually 105,872 111,176 116,740 122,590 128,726
Police Officer Trainee Bi-weekly 3,133 Police
1/3/2022 Monthly 6,788
Annually 81,458
Police Sergeant Bi-weekly 4,987 5,236 5,498 5,773 6,062 Police 1/3/2022 Monthly 10,805 11,345 11,912 12,508 13,134
Annually 129,662 136,136 142,948 150,098 157,612
Property Officer Bi-weekly 2,769 2,907 3,052 3,205 3,365 Police 7/11/2022 Monthly 6,000 6,299 6,613 6,944 7,291
Annually 71,994 75,582 79,352 83,330 87,487
Public Works Asst. Superintendent Bi-weekly 4,537 4,764 5,002 5,252 5,515 PW Supe 1/3/2022 Monthly 9,830 10,322 10,838 11,379 11,949
Annually 117,962 123,864 130,052 136,552 143,390
Public Works Inspector I Bi-weekly 3,146 3,303 3,468 3,641 3,823 PW&C 1/3/2022 Monthly 6,816 7,157 7,514 7,889 8,283
Annually 81,796 85,878 90,168 94,666 99,398
Public Works Inspector II Bi-weekly 3,459 3,632 3,814 4,005 4,205 PW&C 1/3/2022 Monthly 7,495 7,869 8,264 8,678 9,112
Annually 89,934 94,432 99,164 104,130 109,338
Public Works Superintendent Bi-weekly 5,707 5,992 6,292 6,607 6,937 Unrep 1/3/2022 Monthly 12,365 12,983 13,633 14,315 15,030
Annually 148,382 155,792 163,592 171,782 180,362
Public Works Supervisor Bi-weekly 4,113 4,319 4,535 4,762 5,000 PW Supe 1/3/2022 Monthly 8,912 9,358 9,826 10,318 10,833
Annually 106,938 112,294 117,910 123,812 130,000
Records Clerk II Bi-weekly 2,930 3,076 3,230 3,392 3,562 Police 1/3/2022 Monthly 6,348 6,665 6,998 7,349 7,717
Annually 76,180 79,976 83,980 88,192 92,607
Records Supervisor Bi-weekly 3,223 3,384 3,553 3,731 3,918 Police 1/3/2022 Monthly 6,983 7,332 7,698 8,084 8,489
Annually 83,798 87,984 92,378 97,006 101,868
Senior Accountant Bi-weekly 4,138 4,345 4,562 4,790 5,030 Unrep 1/3/2022 Monthly 8,966 9,414 9,884 10,378 10,898
Annually 107,588 112,970 118,612 124,540 130,780
Senior Accounting Technician Bi-weekly 3,288 3,452 3,625 3,806 3,996 PW&C 1/3/2022 Monthly 7,124 7,479 7,854 8,246 8,659
Annually 85,488 89,752 94,250 98,956 103,904
Senior Building and Planning Technician Bi-weekly 3,375 3,544 3,721 3,907 4,102 PW&C 1/3/2022 Monthly 7,313 7,679 8,062 8,465 8,888
Annually 87,750 92,144 96,746 101,582 106,653
Senior Building Inspector/Plan Checker Bi-weekly 4,220 4,431 4,653 4,886 5,130 PW&C 1/3/2022 Monthly 9,143 9,601 10,082 10,586 11,115
Annually 109,720 115,206 120,978 127,036 133,380
-162-
Senior Civil Engineer Bi-weekly 5,170 5,428 5,699 5,984 6,284 Unrep 1/3/2022 Monthly 11,202 11,761 12,348 12,965 13,615
Annually 134,420 141,128 148,174 155,584 163,374
Senior Management Analyst Bi-weekly 4,590 4,819 5,060 5,313 5,579 Unrep 1/3/2022 Monthly 9,945 10,441 10,963 11,512 12,087
Annually 119,340 125,294 131,560 138,138 145,045
Senior Planner Bi-weekly 4,678 4,912 5,158 5,416 5,687 Unrep 1/3/2022 Monthly 10,136 10,643 11,176 11,735 12,321
Annually 121,628 127,712 134,108 140,816 147,856
Hourly positions
1/3/2022
Laborer - Temporary Hourly 25.00 35.00
Intern I - Temporary Hourly 15.00 20.00
Intern II - Temporary Hourly 18.00 25.00
Intern III - Temporary Hourly 26.00 35.00
Clerical - Temporary Hourly 15.00 35.00
Technician - Temporary Hourly 25.00 35.00
Communications Officer - Temporary Hourly 52
-163-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
15 INFORMATIONAL

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: INFORMATIONAL UPDATE ON THE TOWN’S COMMUNICATIONS WORK

PLAN RELATED TO THE HOUSING ELEMENT
SUMMARY: In order to adhere to State requirements, staff has prepared a work plan to lay out the various channels in which the Town will be soliciting input from the community on the draft Housing Element before its submittal. The attached work plan includes mailed communications (postcard and quarterly newsletter article) to invite the community to comment on the draft plan, at least sixteen electronic announcements to e-Announcement and Housing Element notification subscribers, and at least three public meetings between July and August to allow for in-person or virtual comments. The communications plan includes a 45-day comment period, which is 15 days longer than the required 30 days by the State’s Housing and Community Development (HCD) department. The work plan sets a goal of submitting the draft Housing Element to HCD by September 30th to allow for their review by the end of the year. Beyond what is included in the attachment, staff will reach out to other community partners such as private schools to include the messaging in any of their communications. Additional e-Announcements and public meetings may also be added to the schedule as necessary.

FISCAL IMPACT: The fiscal impact of the implementation of the Housing Element communications plan will be absorbed into the operating budget of the departments (Building & Planning and City Manager’s Office).

ATTACHMENTS: Housing Element Communications Timeline and Calendar PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: For information only; no action required. -165-
Housing Element Communications Timeline & Calendar
Deliverable(s) Date Notes
Development of Draft Housing Element July
Postcard to Community
Week of July 18th Save the Date for Public
Comment Period to Begin 8/4
and Open House on 8/18
e-Announcement 1 – Save the Date
• E-Announcement Subscribers
• Housing Element Update Subscribers
July 21st Save the Date for Public
Comment Period to Begin 8/4
e-Announcement 2 – Save the Date
• E-Announcement Subscribers
• Housing Element Update Subscribers
July 28th Save the Date for Public
Comment Period to Begin 8/4
HEAC Meeting #5 August 2nd
Public Comment Period Opens August 4th 45 days (Closes 9/19) Q3 Newsletter Publication
August Notice to Invite Residents to
Comment on the Draft Housing
Element by 9/19
e-Announcement 3 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
August 4th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 1
August 5th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
City Council Meeting – Informational
Update on Draft Housing Element
August 8th
e-Announcement 4 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
August 11th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 2
August 12th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
Public Open House on Draft Housing
Element
August 18th
e-Announcement 5 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
August 18th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 3
August 19th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
-166-
Deliverable(s) Date Notes
e-Announcement 6 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
August 25th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 4
August 26th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
e-Announcement 7 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
September 1st Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 5
September 2nd Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
e-Announcement 8 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
September 8th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 6
September 9th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
e-Announcement 9 – Public Comment
Period Open
• E-Announcement Subscribers
• Housing Element Update Subscribers
September 15th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
HCSD School Communication 7
September 16th Invitation to Comment on Draft
Housing Element (comment
period closes 9/19)
Public Comment Period Closes September 19th 45-day comment period closes Staff incorporates Public Comments into
Draft Housing Element
September 19th – 30th
Plan Submitted to HCD for Comments September 30th
-167-

TOWN OF HILLSBOROUGH
San Mateo County
1600 Floribunda Avenue
Hillsborough, CA 94010
16 INFORMATIONAL

CITY COUNCIL MEETING
JULY 11, 2022

AGENDA STAFF REPORT
ITEM SUBJECT: COMMUNICATIONS UPDATE
SUMMARY: This item is a summary report on the communications efforts of the Town related to the topics of drought and leaf blower use in Town.

FISCAL IMPACT: There is no fiscal impact associated with this agenda item.

ENVIRONMENTAL ISSUES: This informational item is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

ATTACHMENTS: None
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: For information only; no action required. -169-

Hillsborough City CouncilJuly 11, 2022

Hillsborough City Council
July 11, 2022